PRESENT: LINDLEY, J.P., BANNISTER, NOWAK, DELCONTE, AND HANNAH, JJ.

CA 25-01798

IN THE MATTER OF THE APPLICATION OF HON. CHRISTOPHER P. SCANLON AS MAYOR OF THE CITY OF BUFFALO, AND HON. MITCHELL P. NOWAKOWSKI, AS MEMBER OF THE COMMON COUNCIL OF THE CITY OF BUFFALO, PETITIONERS-RESPONDENTS, V BARBARA MILLER-WILLIAMS AS COMPTROLLER OF THE CITY OF BUFFALO, RESPONDENT-APPELLANT.

Petitioners-respondents having moved upon the return of an order to show cause signed by the Honorable Henry J. Nowak on October 27, 2025, for an order pursuant to CPLR 5519 (c), to vacate the automatic stay pursuant to CPLR 5519 (a)(1), on the appeal from an order of the Supreme Court, Erie County, entered September 26, 2025, 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 is granted to the extent that the automatic stay pursuant to CPLR 5519 (a)(1) is hereby modified and shall remain in effect on the condition that appellant shall perfect this appeal on or before December 22, 2025, and no extensions of time to perfect the appeal will be granted, and

It is further ORDERED that if the appeal is so perfected, the appeal will be added to the term of this Court commencing February 23, 2026, and

It is further ORDERED that if the appeal is so perfected, responding briefs shall be filed and served in accordance with the Court's rules on or before January 22, 2026, and

It is further ORDERED that if the appeal is not perfected on or before December 22, 2025, then the automatic stay pursuant to CPLR 5519 (a) (1) is hereby vacated without further order of the Court, and

It is further ORDERED that the parties are directed to upload all documents submitted in connection with this application to NYSCEF.

Entered: November 19, 2025

Ann Dillon Flynn

Clerk of the Court