New York State Nurses Association v New York State De
Motion No: 2013-09473
Slip Opinion No: 2013 NY Slip Op 92122(U)
Decided on November 21, 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

M165804

E/sl

PETER B. SKELOS, J.P.

RUTH C. BALKIN

JOHN M. LEVENTHAL

SANDRA L. SGROI, JJ.

2013-09473

New York State Nurses Association, et al.,

respondents, v New York State Department

of Health, et al., appellants.

(Index No. 5814/13)

DECISION & ORDER ON MOTION

Motion by the appellants State University of New York, Trustees of State University of New York, State University of New York Downstate Medical Center, State University of New York Downstate Medical Center Council, and John F. Williams for leave to appeal to this Court from an order of the Supreme Court, Kings County, dated October 11, 2013, to stay all proceedings in the above-entitled matter, pending hearing and determination of their appeal, and 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 for leave to appeal is granted; and it is further,

ORDERED that the branch of the motion which is to stay all proceedings is denied; 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 it is further,

ORDERED that the appellants State University of New York, Trustees of State University of New York, State University of New York Downstate Medical Center, State University of New York Downstate Medical Center Council, and John F. Williams must perfect their appeal on or before December 2, 2013.

SKELOS, J.P., BALKIN, LEVENTHAL and SGROI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court