In the Matter of Kyle Birch v Anthony J. Annucci as Acting Commissioner of Corrections and Community Supervision

Motion No: 529125

Slip Opinion No: 2019 NY Slip Op 74787(U)

Decided on July 9, 2019

Appellate Division, Third 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.

Decided and Entered: July 9, 2019529125

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In the Matter of KYLE BIRCH,                      
                                                       Respondent,
           v                      DECISION AND ORDER
                      ON MOTION
ANTHONY J. ANNUCCI, as Acting Commissioner of Corrections and Community Supervision,
                                                       Appellant.
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Motion to declare that appellant is not entitled to stay pursuant to CPLR 5519 (a) (1) or, in the alternative, to vacate stay.

Cross motion for discretionary stay.

Upon the papers filed in support of the motion and the cross motion, and the papers filed in opposition thereto, it is

ORDERED that the motion to declare that appellant is not entitled to a stay pursuant to CPLR 5519 (a) (1) is granted, without costs, and it is further

ORDERED that the motion to vacate the stay is denied, without costs, as unnecessary, and it is further

ORDERED that the cross motion is denied, without costs.
Garry, P.J., Clark, Rumsey and Pritzker, JJ., concur.

ENTER:
Robert D. Mayberger
Clerk of the Court