Matter of Quinn v Cuomo
Motion No: 2020-03854
Slip Opinion No: 2020 NY Slip Op 66587(U)
Decided on May 27, 2020
Appellate Division, Second 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M271074

E/sl

MARK C. DILLON, J.P.

HECTOR D. LASALLE

FRANCESCA E. CONNOLLY

ANGELA G. IANNACCI, JJ.

2020-03854

In the Matter of James C. Quinn, etc., appellant,

v Andrew M. Cuomo, etc., et al., respondents-

respondents, et al., respondent.

(Index No. 705011/20)

DECISION & ORDER ON MOTION

Motion by the appellant to enjoin enforcement of Executive Order (Cuomo) No. 202.23 (9 NYCRR 8.202.23) to the extent that it permits the cancellation of the special election for the office of Queens Borough President, pending hearing and determination of an appeal from an order and judgment (one paper) of the Supreme Court, Queens County, entered May 18, 2020.

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

ORDERED that the motion is denied as academic in light of the determination of the appeal (see Matter of Quinn v Cuomo, ___ AD3d ___ [2d Dept 2020]).

DILLON, J.P., LASALLE, CONNOLLY and IANNACCI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court