IN THE MATTER OF WILLIAM B. JOHNSTON V GALEN D. KIRKLAND, COMMISSIONER, NEW YORK STATE DIVISION OF HUMAN RIGHTS SCOTT
Motion No: 971-12
Slip Opinion No: 2013 NY Slip Op 78304(U)
Decided on June 7, 2013
Appellate Division, Fourth 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.


June 7, 2013

PRESENT: SCUDDER, P.J., SMITH, CARNI, AND SCONIERS, JJ.

MOTION NO. 971-12
DOCKET NO. TP 12-00005

IN THE MATTER OF WILLIAM B. JOHNSTON,

PETITIONER-RESPONDENT,

V

GALEN D. KIRKLAND, COMMISSIONER, NEW YORK STATE DIVISION OF

HUMAN RIGHTS, RESPONDENT-PETITIONER,

SCOTT GEHL, HOUSING OPPORTUNITIES MADE EQUAL, INC.,

STEPHANIE M. GILLIAM, ERIC T. SCHNEIDERMAN, NEW YORK STATE

ATTORNEY GENERAL, MAYOR BYRON W. BROWN AND ERIE COUNTY

EXECUTIVE CHRISTOPHER C. COLLINS, RESPONDENTS.


Petitioner-respondent having moved leave to appeal to the Court of Appeals from the order of this Court entered November 9, 2012, and having moved for a stay of this Court's order pursuant to CPLR 5519 (c),

Now, upon reading and filing the affidavit of William B. Johnston sworn to April 9, 2013, and the notice of motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is denied.

Entered: June 7, 2013

Frances E. Cafarell, Clerk