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People ex rel. James v. Schofield

Supreme Court of New York, Appellate Division, Third Department
Jun 24, 2021
No. 2021-68256 (N.Y. App. Div. Jun. 24, 2021)

Opinion

2021-68256 Motion 533467

06-24-2021

PEOPLE OF THE STATE OF NEW YORK ex rel. LETITIA JAMES, Respondent, v. JASON SCHOFIELD, Individually and as Commissioner of the Rensselaer County Board of Elections, et al., Appellants.


Unpublished Opinion

MOTION DECISION

DECISION AND ORDER ON MOTION

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.


Summaries of

People ex rel. James v. Schofield

Supreme Court of New York, Appellate Division, Third Department
Jun 24, 2021
No. 2021-68256 (N.Y. App. Div. Jun. 24, 2021)
Case details for

People ex rel. James v. Schofield

Case Details

Full title:PEOPLE OF THE STATE OF NEW YORK ex rel. LETITIA JAMES, Respondent, v…

Court:Supreme Court of New York, Appellate Division, Third Department

Date published: Jun 24, 2021

Citations

No. 2021-68256 (N.Y. App. Div. Jun. 24, 2021)