PRESENT: CENTRA, J.P., PERADOTTO, NEMOYER, TROUTMAN, AND WINSLOW, JJ.

MOTION NO. 832-18
DOCKET NO. TP 17-01928

IN THE MATTER OF J.C. SMITH, INC., PETITIONER, V NEW YORK STATE DEPARTMENT OF ECONOMIC DEVELOPMENT, ALSO KNOWN AS EMPIRE STATE DEVELOPMENT, HOWARD ZEMSKY, COMMISSIONER, NEW YORK STATE DEPARTMENT OF ECONOMIC DEVELOPMENT AND CEO OF EMPIRE STATE DEVELOPMENT, DIVISION OF MINORITY AND WOMEN'S BUSINESS DEVELOPMENT OF NEW YORK STATE DEPARTMENT OF ECONOMIC DEVELOPMENT, AND LOURDES ZAPATA, DIRECTOR, DIVISION OF MINORITY AND WOMEN'S BUSINESS DEVELOPMENT OF NEW YORK STATE DEPARTMENT OF ECONOMIC DEVELOPMENT, RESPONDENTS.

Petitioner having moved leave to appeal to the Court of Appeals from the order of this Court entered July 25, 2018, and for a stay of enforcement of said order,

Now, upon reading and filing the affirmation of Kevin G. Roe, Esq., dated August 7, 2018, the notice of motion with proof of service thereof, and the affirmation of Allyson B. Levine, Esq., dated August 24, 2018, and due deliberation having been had thereon,

It is hereby ORDERED that the motion insofar as it seeks leave to appeal to the Court of Appeals is denied, and

It is further ORDERED that the motion insofar as it seeks a stay of enforcement is granted to the extent that all proceedings to enforce this Court's July 25, 2018, order are stayed and the State respondents are hereby enjoined from removing petitioner from the Directory of Certified Minority and Women-Owned Business Enterprises prepared and maintained by respondents until the later of (1) 30 days after the service of notice of entry of this order, or (2) in the event that a motion for leave to appeal is made to the Court of Appeals during that 30 day period, five days after service of notice of entry of an order of the Court of Appeals denying leave to appeal.

Entered: September 28, 2018

Mark W. Bennett, Clerk