Appellate Division: Second Judicial Department

M154221

E/ct

PETER B. SKELOS, J.P.

L. PRISCILLA HALL

PLUMMER E. LOTT

SYLVIA HINDS-RADIX, JJ.

2013-03312 In the Matter of Eight Westchester County Grand Jury Subpoenas dated February 22, 2013, in Case No. 2012-3663. Westchester County Department of Social Services, appellant; Westchester County District Attorney, respondent. (Index No. 296/13)

DECISION & ORDER ON MOTION

Motion by the respondent to vacate any automatic stay in effect pursuant to CPLR 5519(a)(1) pending hearing and determination of an appeal from an order of the Supreme Court, Westchester County, entered March 13, 2013, or for a preference in the calendaring of the appeal.

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

ORDERED that the branch of the motion which is to vacate the automatic stay is denied on condition that the appellant perfects the appeal on or before May 10, 2013, and that branch of the motion is otherwise denied; and it is further,

ORDERED that the respondent shall serve and file a brief, if any, on or before May 31, 2013; and it is further,

ORDERED that the appellant shall serve and file a reply brief, if any, on or before June 7, 2013; and it is further,

ORDERED that on the Court's own motion, the parties shall file the record or appendix and their respective briefs under seal and the record or appendix and briefs shall remain sealed upon filing; and it is further,

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

SKELOS, J.P., HALL, LOTT and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court