In the Matter of New York Charter Schools Association Inc. et v Thomas P. Dinapoli as Comptroller of the State of New York et

Motion No: 504682

Slip Opinion No: 2008 NYSlipOp 72833(U)

Decided on May 16, 2008

Appellate Division, Third Department, Motion Decision

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This motion is uncorrected and is not subject to publication in the Official Reports.

Decided and Entered: May 16, 2008

Case # 504682

In the Matter of NEW YORK CHARTER SCHOOLS ASSOCIATION, INC., et al., Respondents, v THOMAS P. DiNAPOLI, as Comptroller of the State of New York, et al., Appellants.

DECISION AND ORDER ON MOTION

Motion for order declaring existence of automatic stay pursuant to CPLR 5519 (a) (1) or, in the alternative, granting discretionary stay pending appeal pursuant to CPLR 5519 (c).

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is granted, without costs, to the extent that, during the pendency of the appeal, the order and judgment of Supreme Court entered April 29, 2008 is stayed pursuant to CPLR 5519 (c). During the pendency of the appeal, no audits shall be performed or reports issued with respect to any of the respondents. Further, with respect to any other audits, no reports shall be issued during the pendency of the appeal. The appeal is set down for the September 2008 term of this Court. Appellants shall file and serve the record on appeal and their brief on or before June 27, 2008. Respondents shall file and serve their brief on or before August 11, 2008. The reply brief, if any, shall be filed and served on or before August 22, 2008.
CARDONA, P.J., MERCURE, PETERS, SPAIN and CARPINELLO, JJ., concur.
ENTER:

Michael J. Novack
Clerk of the Court