Nathaniel M. Swergold et On Behalf of Themselves and All Others Similarly Situated et v Andrew Cuomo as Attorney General of the State of New York et



Nathaniel M. Swergold et On Behalf of Themselves and All Others Similarly Situated et v Andrew Cuomo as Attorney General of the State of New York et
Motion No: 507982
Slip Opinion No: 2009 NY Slip Op 87475(U)
Decided on October 27, 2009
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: October 27, 2009

Case # 507982


NATHANIEL M. SWERGOLD et al., on Behalf of Themselves and all Others Similarly Situated,

Appellants,

et al.,

Plaintiffs,

v
ANDREW CUOMO, as Attorney General of the State of New York, et al.,

Respondents.


DECISION AND ORDER
ON MOTION

Motion for stay pending appeal and for a preference.

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

ORDERED that the motion for a stay pending the appeal is denied, without costs, and it is further

ORDERED that the motion for a preference is denied, without costs.
CARDONA, P.J., PETERS, LAHTINEN, KANE and STEIN, JJ., concur.
ENTER:



Michael J. Novack
Clerk of the Court