People of the State of New York ex Rel. Letitia James v Jason Schofield Individually and as Commissioner of the Rensselaer County Board of Elections et

Motion No: 533467

Slip Opinion No: 2021 NY Slip Op 68256(U)

Decided on June 24, 2021

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: June 24, 2021533467

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PEOPLE OF THE STATE OF NEW YORK ex rel. LETITIA JAMES,                      
                                                       Respondent,
           v                      DECISION AND ORDER
                      ON MOTION
JASON SCHOFIELD, Individually and as Commissioner of the Rensselaer County Board of Elections, et al.,
                                                       Appellants.
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Motion for stay pending appeal.

Motion to vacate automatic stay.

Cross motion to modify decision and for further relief.

Cross motion to expedite appeal and for calendar preference.

Upon the papers filed in support of the motions and the cross motions and the papers filed in opposition to the motions and the cross motion to modify the decision and for further relief, it is

ORDERED that the motion for a stay pending appeal is granted, without costs, and the order of Supreme Court dated June 7, 2021 is stayed with respect to respondent Jason Schofield, individually, and respondent Edward McDonough, individually, and it is further

ORDERED that the motion to vacate the automatic stay is granted, without costs, and the stay is vacated with respect to respondent Jason Schofield, as Commissioner of the Rensselaer County Board of Elections, respondent Edward McDonough, as Commissioner of the Rensselaer County Board of Elections, and respondent Rensselaer County Board of Elections, and it is further

ORDERED that the cross motion to modify the decision and for further relief is denied, without costs, and it is further

ORDERED that the cross motion to expedite the appeal and for a calendar preference is granted, without costs, and the appeal is set down for the August term of this Court. The record on appeal and brief shall be filed and served on or before July 12, 2021. The respondent's brief shall be filed and served on or before August 6, 2021. The reply brief, if any, shall be filed and served on or before August 9, 2021.
Garry, P.J., Lynch, Aarons, Pritzker and Colangelo, JJ., concur.

ENTER:
Robert D. Mayberger
Clerk of the Court