| PATRICK M. GALLIVAN V ANDREW M. CUOMO . |
| Motion No: CA 21-00362 |
| Slip Opinion No: 2021 NY Slip Op 64326(U) |
| Decided on April 8, 2021 |
| 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: WHALEN, P.J., SMITH, CENTRA, PERADOTTO, AND NEMOYER, JJ.
CA 21-00362
| PATRICK M. GALLIVAN, ET AL.,
PETITIONERS-PLAINTIFFS-RESPONDENTS, V ANDREW M. CUOMO, ET AL.,
RESPONDENTS-DEFENDANTS-APPELLANTS. |
Appellants having moved by order to show cause, signed by the Honorable Patrick H. NeMoyer, to vacate or modify during the pendency of the appeal an order of the Supreme Court, Erie County, entered February 27, 2021, insofar as it granted a preliminary injunction,
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 motion is granted and the order of Supreme Court, entered February 27, 2021, is vacated during the pendency of the appeal insofar as it granted a preliminary injunction, on the condition that appellants perfect the appeal on or before May 7, 2021.
Entered: April 8, 2021
Mark W. Bennett
Clerk of the Court