| IN THE MATTER OF STATE OF NEW YORK V DONALD G. |
| Motion No: CA 18-01355 |
| Slip Opinion No: 2020 NY Slip Op 74394(U) |
| Decided on November 2, 2020 |
| Appellate Division, Fourth 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. |
PRESENT: SMITH, J.P., CARNI, CURRAN, TROUTMAN, AND WINSLOW, JJ.
CA 18-01355
Index No: 2014-1177
| IN THE MATTER OF STATE OF NEW YORK,
PETITIONER-RESPONDENT, V DONALD G., RESPONDENT-APPELLANT. |
Appellant having moved, upon the return of an order to show cause granted by the Honorable Stephen K. Lindley on September 21, 2020, for appellant's release from custody, for a stay of all proceedings to enforce the order of the Supreme Court, Cayuga County, entered June 29, 2018, and for other relief, and petitioner-respondent having cross-moved to stay appellant's release from custody pending the Court of Appeals' determination of the appeal from this Court's order entered August 20, 2020, and having cross-moved for other relief,
Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon,
It is hereby ORDERED that the motions are denied without prejudice.
Memorandum: We decline to grant the motions in the first instance in deference to the Court of Appeals, which now has jurisdiction over this matter.
Entered: November 2, 2020
Mark W. Bennett
Clerk of the Court