| CAYUGA INDIAN NATION OF NEW YORK V CAYUGA COUNTY SHERIFF DAVID S. GOULD, SENECA COUNTY SHERIFF JACK S. STENBERG, CAYUGA |
| Motion No: CA 09-00384 |
| Slip Opinion No: 2009 NYSlipOp 65620(U) |
| Decided on March 3, 2009 |
| Appellate Division, Fourth 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. |
PRESENT: SCUDDER, P. J., HURLBUTT, MARTOCHE, SMITH, AND CENTRA, JJ.
DOCKET NO. CA 09-00384
| CAYUGA INDIAN NATION OF NEW YORK, PLAINTIFF-APPELLANT, V
CAYUGA COUNTY SHERIFF DAVID S. GOULD, SENECA COUNTY SHERIFF JACK S. STENBERG, CAYUGA COUNTY DISTRICT ATTORNEY JON E.
BUDELMANN, AND SENECA COUNTY DISTRICT ATTORNEY RICHARD E. SWINEHART,
DEFENDANTS-RESPONDENTS. |
Appellant having moved, upon the return of an order to show cause granted by the Honorable Nancy E. Smith on February 20, 2009, for a stay of all proceedings to enforce an order of the Supreme Court entered in the Office of the Clerk of the County of Monroe on February 18, 2009, pending the hearing and determination of the appeal taken herein, and respondents having cross-moved to dismiss that appeal and the appeal from an order of the same Court entered December 10, 2008 (Docket No. CA 09-00384) or in the alternative for other relief,
Now, upon reading and filing the affirmation of Lee Alcott dated February 19, 2009,
said show cause order with proof of service thereof, the opposing affirmation of Philip G. Spellane dated February 26, 2009, the notice of cross motion with proof of service thereof, the reply affidavit of Lee Alcott sworn to February 27, 2009, and due deliberation having been had thereon,
It is hereby ORDERED that the motion be, and the same hereby is, denied, and
It is further ORDERED that the cross motion be, and the same hereby is, denied.
Entered: March 3, 2009
JoAnn M. Wahl, Clerk