| Matter of Hanson v New York State Board of Parole |
| Motion No: 2008-05464 |
| Slip Opinion No: 2008 NYSlipOp 79356(U) |
| Decided on August 4, 2008 |
| Appellate Division, Second 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. |
Appellate Division: Second Judicial Department
M74019
T/sl
ROBERT A. LIFSON, J.P.
ANITA R. FLORIO
DANIEL D. ANGIOLILLO
ARIEL E. BELEN, JJ.
|
2008-05464 In the Matter of Paul Hanson, respondent, v New York State Board of Parole, appellant. (Index No. 08-2044)
| DECISION & ORDER ON MOTION |
Motion by the respondent to vacate an automatic stay which is in effect pursuant to CPLR 5519(a)(1) pending hearing and determination of an appeal from an order of the Supreme Court, Orange County, dated April 28, 2008, or for a preference in the calendaring of the appeal.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is to vacate the automatic stay is denied; and it is further,
ORDERED that the branch of the motion which is for a preference in the calendaring of the appeal is granted, and the appellant is directed to perfect the appeal on or before September 2, 2008, the respondent is directed to serve and file his brief on or before September 23, 2008, and the appellant is directed to serve and file its reply brief, if any, on or before September 30, 2008.
LIFSON, J.P., FLORIO, ANGIOLILLO and BELEN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court