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

DOCKET NO. CA 10-00847

IN THE MATTER OF THE COUNTY OF NIAGARA, PETITIONER-RESPONDENT, V RICHARD F. DAINES, AS COMMISSIONER OF THE NEW YORK STATE DEPARTMENT OF HEALTH AND THE NEW YORK STATE DEPARTMENT OF HEALTH, RESPONDENTS-APPELLANTS.

Appellants having moved for an order declaring that enforcement of the order and judgment of the Supreme Court entered in the Office of the Clerk of the County of Wayne on February 22, 2010 is automatically stayed pursuant to CPLR 5519 (a) (1) pending the hearing and determination of the appeal taken herein, or, in the alternative, granting appellants a stay pursuant to 5519 (c), and

Respondent having cross-moved for an order vacating any automatic stay applicable in this proceeding and imposing sanctions on respondents,

Now, upon reading and filing the affirmation of Victor Paladino, Esq. dated April 7, 2010, the notice of motion with proof of service thereof, the affidavit of Christopher E. Buckey, Esq. sworn to April 20, 2010, the notice of cross motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that the motion insofar as it seeks a stay pursuant to CPLR 5519 (c) is denied because an automatic stay is in effect pursuant to CPLR 5519 (a) (1), and

It is further ORDERED that the that the automatic stay is hereby vacated effective July 27, 2010 unless the appeal is perfected on or before July 26, 2010, and

It is further ORDERED that respondent's motion insofar as it seeks sanctions against appellants is denied with leave to renew at oral argument.

Entered: May 27, 2010

Patricia L. Morgan, Clerk