IN THE MATTER OF EUGENE BALDINO, SHAWN BAKER, ROBERT CALCAGNO, JAMES MCCONEGHY, AND DOUGLAS FOSS V ROBERT SANSONE, IN

2026 NY Slip Op 72644(U)

July 15, 2026

Appellate Division, Fourth Department

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.

IN THE MATTER OF EUGENE BALDINO, SHAWN BAKER, ROBERT CALCAGNO, JAMES MCCONEGHY, AND DOUGLAS FOSS, PETITIONERS-APPELLANTS,

ROBERT SANSONE, IN HIS CAPACITY AS PRESIDENT AND GOVERNOR, CHAD ELLIS, IN HIS CAPACITY AS CHIEF OPERATING OFFICER, GENERAL MANAGER, AND A MEMBER OF THE EXECUTIVE COMMITTEE, PHILIP PECORA, PHILIP DIPASQUALE, DANIEL CANNAN, PHILIP SPELLANE, VINCENT LEO, DAVID LYTTLE, RANDY WHITE, AND JAMES MAGEE, IN THEIR CAPACITIES AS GOVERNORS, AND THE OAK HILL COUNTRY CLUB BOARD OF GOVERNORS, RESPONDENTS-RESPONDENTS, AND OAK HILL COUNTRY CLUB, NOMINALLY, AS A POTENTIALLY NECESSARY PARTY.

Supreme Court of the State of New York, Appellate Division : Fourth Judicial Department

July 15, 2026

CA 26-01080

Present: Curran, J.P., Nowak, Delconte, And Hannah, JJ.

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In this appeal taken herein from an order of the Supreme Court, Monroe County, entered May 15, 2026, petitioners having moved pursuant to CPLR 5519 (c) and 2201 for an order to reinstate the stay issued by Supreme Court of election-related activity by Oak Hill County Club, pending the outcome of this appeal, and 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 motion pursuant to 5519 (c) and 2201 insofar as it seeks to reinstate the stay issued by Supreme Court upon the stipulation of the parties on January 21, 2025, is denied, and

It is further ORDERED that the motion insofar as it seeks an expedited briefing schedule is denied as premature, and

It is further ORDERED that the motion is denied insofar as it seeks an order confirming petitioner's challenge to the removal of petitioner Baldino from respondent Oak Hill Country Club Board of Governors on the ground that this is an improper request for an advisory opinion (see Matter of Sportsmen's Tavern LLC v New York State Liq. Auth., 195 AD3d 1557, 1558 [4th Dept 2021]).

Entered: July 15, 2026

Ann Dillon Flynn

Clerk of the Court