Appellate Division: Second Judicial Department

M131624

E/sl

PETER B. SKELOS, J.P.

JOHN M. LEVENTHAL

PLUMMER E. LOTT

ROBERT J. MILLER, JJ.

2011-11826 In the Matter of Anthony Coviello, appellant, v Frances Knapp, etc., et al., respondents. (Index No. 7482/11)

DECISION & ORDER ON MOTION

Motion by the appellant to stay enforcement of so much of a final order of the Supreme Court, Dutchess County, dated December 19, 2011, as directed that a certain ballot be cast after determining the challenge designated as the "post mark challenge," pending hearing and determination of an appeal from the final order and for a preference in the calendaring of the appeal.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the branch of the motion which is to stay enforcement of so much of the final order dated December 19, 2011, as directed that a certain ballot be cast after determining the challenge designated as the "post mark challenge" is granted, and enforcement of that portion of the final order is stayed pending hearing and determination of the appeal; and it is further,

ORDERED that the branch of the motion which is for a preference is denied as unnecessary as the appeal has been calendared for January 23, 2012.

SKELOS, J.P., LEVENTHAL, LOTT and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court