PRESENT: SCUDDER, P.J., MARTOCHE, SMITH, CENTRA, AND SCONIERS, JJ.

DOCKET NOS. CA 10-00771 AND CA 10-00772

IN THE MATTER OF THE STATE OF NEW YORK, PETITIONER-APPELLANT, V MICHAEL MATTER, RESPONDENT-RESPONDENT. IN THE MATTER OF MICHAEL MATTER, PETITIONER-RESPONDENT, V MICHAEL F. HOGAN, PH.D., COMMISSIONER, NEW YORK STATE OFFICE OF MENTAL HEALTH, RESPONDENT-APPELLANT.

Appellants having moved, upon the return of an order to show cause and amended order to show cause granted by the Honorable Rose H. Sconiers on April 2, 2010, for an order staying the execution of the orders and the judgments of the Supreme Court, Niagara County, entered March 30, 2010, pending the hearing and determination of the appeals taken herein,

Now, upon reading and filing the affirmation of Thomas J. Schoellkopf, Esq. dated April 1, 2010, said show cause orders with proof of service thereof, the affirmation of Jeffrey T. Lacey, Esq. dated April 7, 2010, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is denied (see People ex rel. Morris v Meloni [209 AD2d 1057]), and

It is further ORDERED that the temporary stays contained in the show cause orders granted by Justice Sconiers are vacated, and

It is further ORDERED that the appeals are expedited upon condition that appellants' records and briefs are filed and served on or before April 29, and if so filed and served, the appeal is to be added to the calendar for the term of the Court commencing May 17, 2010, and respondent's briefs are to be filed and served on or before May 12, 2010.

Entered: April 14, 2010

Patricia L. Morgan, Clerk