PRESENT: WHALEN, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.

DOCKET NOS. CA 16-001602 AND CA 16-001603

IN THE MATTER OF YOUSIF KARAMALLA, PETITIONER-PLAINTIFF-RESPONDENT, V SHARON DEVINE, AS EXECUTIVE DEPUTY COMMISSIONER OF THE NEW YORK STATE OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE, AND AL DIRSCHBERGER, AS COMMISSIONER OF ERIE COUNTY DEPARTMENT OF SOCIAL SERVICES, RESPONDENTS-DEFENDANTS-APPELLANTS.

Petitioner having moved pursuant to CPLR 5519 (c) to vacate the automatic stays in connection with the appeals taken herein from a judgment and an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on February 26, 2016 (docket No. CA 16-01602), and July 5, 2016 (docket No. CA 16-01603), to expedite the appeals, and for other relief,

Now, upon reading and filing the affirmation of Barbara Weiner, Esq., dated August 30, 2016, the affidavit of Yousif Karamalla sworn to August 16, 2016, the affidavit of Marlenis Rios sworn to August 19, 2016, the notice of motion with proof of service thereof, the affirmation of Michelle Parker, Esq., dated September 15, 2016, and the affirmation of Andrew B. Ayers, Esq., dated September 16, 2016, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is dismissed as moot as to the appeal taken from the judgment entered February 26, 2016 (docket No. CA 16-001602), on the ground that the appeal has been withdrawn, and

It is further ORDERED that the motion insofar as it seeks to vacate the automatic stay in the appeal taken from the order entered July 5, 2016 (docket No. CA 16-001603) is denied, and

It is further ORDERED that the motion to expedite is denied, and

It is further ORDERED that the motion is otherwise denied.

Entered: October 19, 2016

Frances E. Cafarell, Clerk