Matter of Jenkins v Astorino
Motion No: 2013-00320
Slip Opinion No: 2013 NY Slip Op 69371(U)
Decided on April 3, 2013
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

M154074

E/sl

PETER B. SKELOS, J.P.

THOMAS A. DICKERSON

PLUMMER E. LOTT

SHERI S. ROMAN, JJ.

2013-00320, 2013-00322, 2013-00324,

2013-02552

In the Matter of Kenneth W. Jenkins, etc.,

et al., respondents, v Robert P. Astorino, etc.,

et al., appellants.

(Index No. 12-2584)

DECISION & ORDER ON MOTION

Motion by the appellants on appeals from four orders of the Supreme Court, Westchester County, three entered October 19, 2012, November 14, 2012, and February 25, 2013, respectively, and one dated April 11, 2012, to stay enforcement of the order entered February 25, 2013, pending hearing and determination of the appeals, and for a preference in the calendaring of the appeals. Separate motion by the respondents to disqualify the Westchester County Attorney from representing any party in this proceeding.

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

ORDERED that the branch of the motion which is for a stay is denied; and it is further,

ORDERED that the branch of the motion which is for a preference in the calendaring of the appeals is granted, and the appeals will be calendared after all of the briefs have been filed; and it is further,

ORDERED that the motion to disqualify the Westchester County Attorney is denied.

SKELOS, J.P., DICKERSON, LOTT and ROMAN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court