| KHALIL H. COTTMAN V ERIE COUNTY BOARD OF ELECTIONS |
| Motion No: CAE 17-01586 |
| Slip Opinion No: 2017 NY Slip Op 85825(U) |
| Decided on September 8, 2017 |
| 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. |
PRESENT: CENTRA, J.P., CARNI, LINDLEY, TROUTMAN, AND WINSLOW, JJ.
DOCKET NO. CAE 17-01586
| KHALIL H. COTTMAN, PETITIONER-RESPONDENT, V ERIE COUNTY BOARD
OF ELECTIONS, RESPONDENT-APPELLANT. |
Respondent moved, pursuant to CPLR 5519 (c), upon the return of an order to show cause signed by the Honorable Shirley Troutman on September 7, 2017, to vacate an automatic stay of all proceedings pursuant to CPLR 5519 (a) (1), of the order of Supreme Court entered in the Office of the Clerk of the County of Erie on August 25, 2017, pending the hearing and determination of the appeal taken herein,
Now, upon reading and filing the affirmation of James Ostrowski, Esq., dated September 6, 2017, said show cause order with proof of service thereof, and the affirmations of Jeremy C. Toth, Esq., dated received September 7, 2017, and September 8, 2017, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted and the automatic stay imposed by virtue of the appeal is hereby vacated.
Entered: September 8, 2017
Frances E. Cafarell, Clerk