Cohen v Suffolk County Board of Elections
Motion No: 2010-10001
Slip Opinion No: 2010 NY Slip Op 86223(U)
Decided on October 27, 2010
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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M110294

E/ct

PETER B. SKELOS, J.P.

FRED T. SANTUCCI

ARIEL E. BELEN

PLUMMER E. LOTT, JJ.

2010-10001

Harold Cohen, respondent, v Suffolk

County Board of Elections, et al.,

appellants.

(Index No. 32194-10)

DECISION & ORDER ON MOTION

Motion by the appellants to stay all proceedings in the above-entitled matter, including a hearing concerning "the procedures, any problems, any solutions to any problems that may arise with regard to the September 14, 2010, primary election," pending hearing and determination of an appeal from an order of the Supreme Court, Suffolk County, dated September 10, 2010.

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

ORDERED that the motion is granted and all proceedings in the above-entitled matter, including the hearing concerning the procedures, problems, and solutions to problems with respect to the September 14, 2010, primary election are stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before November 29, 2010; and it is further,

ORDERED that in the event the appeal is not perfected on or before November 29, 2010, the court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay, on three days notice.

SKELOS, J.P., SANTUCCI, BELEN and LOTT, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court