In the Matter of Mount Vernon City School District et v New York State Education Department et



In the Matter of Mount Vernon City School District et v New York State Education Department et
Motion No: 514298
Slip Opinion No: 2012 NY Slip Op 71538(U)
Decided on April 26, 2012
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: April 26, 2012

Case # 514298


In the Matter of MOUNT VERNON CITY SCHOOL DISTRICT et al.,

Respondents,

v


NEW YORK STATE EDUCATION DEPARTMENT et al.,

Appellants.


DECISION AND ORDER
ON MOTION

Motions for declaration that automatic stay is in effect or, in the alternative, for preliminary injunction or stay pending determination of appeals.

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

ORDERED that the motions for a declaration that an automatic stay is in effect are denied, without costs, and it is further

ORDERED that the motions for a preliminary injunction or a stay pending appeal are granted, without costs, to the extent that the so much of Supreme Court's order entered April 2, 2012 as vacated the charter issued to Amani Public Charter School and enjoined future payments to said school is stayed during the pendency of the appeals. These stays are granted without prejudice to a motion by respondents to vacate the stays in the event appellants fail to perfect their appeals on or before June 11, 2012.
PETERS, P.J., LAHTINEN, MALONE JR., McCARTHY and GARRY, JJ., concur.


ENTER:
Robert D. Mayberger
Clerk of the Court