Matter of Smith v Babcock
Motion No: 2013-09242
Slip Opinion No: 2013 NY Slip Op 88064(U)
Decided on October 10, 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

M163793

E/sl

REINALDO E. RIVERA, J.P.

PETER B. SKELOS

CHERYL E. CHAMBERS

L. PRISCILLA HALL, JJ.

2013-09242

In the Matter of Susan M. Smith, etc., petitioner-

respondent, v Louis C. Babcock, etc., et al.,

respondents, Djinsad Desir, etc., appellant.

(Index No. 1889/13)

DECISION & ORDER ON MOTION

Motion by the appellant, inter alia, to stay the certification of the subject primary election results, pending hearing and determination of an appeal from a final order of the Supreme Court, Dutchess County, dated October 4, 2013.

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

ORDERED that the motion is denied.

RIVERA, J.P., SKELOS, CHAMBERS and HALL, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court