In the Matter of the Application of Judith Clark

Motion No: M-2749

Slip Opinion No: 2018 NYSlipOp 76665(U)

Decided on July 3, 2018

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.

July 3, 2018

In the Matter of the Application of

Judith Clark,

Petitioner-Respondent,

For a Judgment Pursuant to Article 78of the Civil Practice Law and Rules

v

New York State Division of Parole,

Respondent-Appellant.

An appeal having been taken to this Court from the order of the Supreme Court, New York County, entered on or about April 27, 2018,And petitioner-respondent having moved to vacate the automatic stay interposed by respondent-appellant or, in the alternative, granting a preference in hearing of the appeal, 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 denied. Respondent-appellant is directed to perfect the appeal for the October 2018 Term. ENTERED: July 3, 2018

_____________________ CLERK

Present - Hon. Rolando T. Acosta,Presiding Justice, John W. Sweeny, Jr. Troy K. Webber Marcy L. Kahn Jeffrey K. Oing,Justices

M-2749

Index No. 160965/17