Appellate Division: Second Judicial Department

M201646

E/ct

MARK C. DILLON, J.P.

L. PRISCILLA HALL

JEFFREY A. COHEN

BETSY BARROS, JJ.

2015-10333 In the Matter of Fahari Academy Charter School, appellant, v Board of Education of City School District of City of New York, etc., et al., respondents (Index No. 8109/15)

DECISION & ORDER ON MOTION .

Motion by the appellant, inter alia, to stay the respondents from taking any action that is inconsistent with the continued operation of its charter school and to continue the per pupil allocation payments to it, pending hearing and determination of an appeal from an order of the Supreme Court, Kings County, dated September 21, 2015.

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

ORDERED that on the Court's own motion, the notice of appeal from the order dated September 21, 2015, is deemed to be an application for leave to appeal and leave to appeal is granted; and it is further,

ORDERED that the motion is granted to the extent that the respondents are stayed from taking any actions that are inconsistent with the continued operation of the appellant's charter school and the per pupil allocation payments to the appellant are continued, pending hearing and determination of the appeal on condition that the appeal is perfected on or before December 4, 2015, and the motion is otherwise denied; and it is further,

ORDERED that during the period of time that this stay is in effect, the respondents shall have the same rights to oversee, examine, and inspect the appellant's premises and business records as the respondents possessed under the appellant's renewal charter and Education Law article 56, and the appellant shall maintain all records and provide the reports that were required under the renewal charter and that are required under Education Law article 56; and it is further,

ORDERED that in the event the appeal is not perfected on or before December 4, 2015, or the appellant does not comply with provisions contained in the foregoing paragraph, the Court, on its own motion, may vacate the stay, without further notice, or the respondents may move to vacate the stay, on three days notice; and it is further,

ORDERED that the respondents shall serve and file their brief, if any, on or before December 28, 2015; and it is further,

ORDERED that the appellant shall serve and file a reply brief, if any, on or before January 5, 2016.

DILLON, J.P., HALL, COHEN and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court