| JOSEPH PARKER, AND ALL THOSE SIMILARLY SITUATED WITHIN OSWEGO COUNTY V DON HILTON, IN HIS CAPACITY AS SHERIFF FOR |
| Motion No: CA 24-00159 |
| Slip Opinion No: 2024 NY Slip Op 66229(U) |
| Decided on April 15, 2024 |
| 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, LINDLEY, CURRAN, AND BANNISTER, JJ.
CA 24-00159
| JOSEPH PARKER, AND ALL THOSE SIMILARLY SITUATED WITHIN
OSWEGO COUNTY, PETITIONERS-RESPONDENTS, V DON HILTON, IN HIS CAPACITY AS SHERIFF FOR OSWEGO COUNTY,
DEFENDANT-APPELLANT. |
Petitioners having moved pursuant to CPLR 5519 (c) and CPLR 5519 (a) (1) to vacate the automatic stay and for other relief in the appeal taken herein from an order of the Supreme Court, Oswego County, entered January 22, 2024,
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 insofar as it seeks to vacate the automatic stay is denied, and
It is further ORDERED that the motion is dismissed as premature insofar as it seeks a calendar preference.
Entered: April 15, 2024
Ann Dillon Flynn
Clerk of the Court