Keith Wright as County Leader of the v New York City Council and Melissa Mark

Motion No: M-6494

Slip Opinion No: 2017 NYSlipOp 96748(U)

Decided on December 28, 2017

Appellate Division, First 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.

December 28, 2017

Keith Wright, as County Leader of the

Manhattan Democratic Party, et al.,

Petitioners,

For an Order and Judgment Pursuant to

Article 78 of the Divil Practice Law

and Rules and Article II Section 8 ofthe New York State Constitution,

v

New York City Council and Melissa Mark-

Viverito, as Speaker of the New York City

Council and Chair of the Democratic

Conference of the New York City Council,

Respondents.

Respondents having moved to vacate, modify or stay an order of the Supreme Court, New York County, entered on or about December 19, 2017, granting petitioners' motion for a preliminary injunction, Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon, It is ordered that the motion is granted to the extent of staying enforcement of the preliminary injunction pending the hearing and determination of the appeal therefrom, and otherwise denied. ENTERED: December 28, 2017

_____________________ CLERK

Present - Hon. Rolando T. Acosta,Presiding Justice, David Friedman John W. Sweeny, Jr. Dianne T. Renwick Judith J. Gische,Justices

M-6494

Index No. 160701/17