In the Matter of the Application of Jamie Padilla

Motion No: M-8859

Slip Opinion No: 2020 NYSlipOp 61596(U)

Decided on January 28, 2020

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.

January 28, 2020

In the Matter of the Application of

Jamie Padilla,

Petitioner-Respondent,

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

v

Cynthia Brann, Commissioner of the

New York City Department of Correction,

Respondent-Appellant.

An appeal having been taken from an order of the Supreme Court, Bronx County, entered on or about October 9, 2019, And petitioner-respondent having moved, pursuant to CPLR 5519(c), to vacate the automatic stay of the enforcement of the aforementioned Supreme Court order imposed by CPLR 5519(a)(1)

(M-8859), Now, upon reading and filing the correspondence from counsel for respondent-appellant, dated January 3, 2020, and due deliberation having been had thereon (M-152), It is ordered that the appeal is deemed withdrawn in accordance with the aforesaid correspondence (M-152) and, sua sponte, petitioner-respondent's motion is denied as academic

(M-8859). ENTERED: January 28, 2020

_____________________ CLERK

Present - Hon. Rolando T. Acosta, Presiding Justice, David Friedman Dianne T. Renwick Rosalyn H. Richter Sallie Manzanet-Daniels, Justices

M-8859

M-152

Index No. 260242/19