Opinion
Motion No: 2015-01992 SCR
02-22-2016
The People of the State of New York, Respondent, v. Claudette Lacast, Appellant.
JERRY GARGUILO
FRANCESCA E. CONNOLLY, JJ.
DECISION & ORDER ON MOTION
Motion by appellant, by order to show cause dated October 30, 2015, for a stay pending the determination of an appeal from a judgment of conviction of the District Court of Suffolk County, First District, rendered August 14, 2015, and, in effect, to enjoin the New York State Education Department, Office of Professional Discipline and the University of the State of New York from taking any action adverse to appellant's nursing license pending the determination of the appeal. Separate motion by nonparties the New York State Education Department, Office of Professional Discipline and the University of the State of New York to deem their opposition papers to appellant's motion filed nunc pro tunc, and to vacate the temporary restraint imposed against them in the order to show cause dated October 30, 2015.
Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is
ORDERED, on the court's own motion, that the motions by appellant and by nonparties the New York State Education Department, Office of Professional Discipline and the University of the State of New York are consolidated for purposes of disposition; and it is further,
ORDERED that the branch of appellant's motion seeking a stay of the sentence pending the determination of the appeal is granted; and it is further,
ORDERED that the branch of appellant's motion seeking, in effect, to enjoin any adverse action against appellant's nursing license by nonparties the New York State Education Department, Office of Professional Discipline and the University of the State of New York is denied; and it is further,
ORDERED that the branch of the motion by nonparties the New York State Education Department, Office of Professional Discipline and the University of the State of New York seeking to deem their opposition papers filed nunc pro tunc is granted and their opposition papers are deemed timely filed; and it is further,
ORDERED that the branch of the motion by nonparties the New York State Education Department, Office of Professional Discipline and the University of the State of New York seeking to vacate the temporary restraint imposed against them in the order to show cause dated October 30, 2015 is denied as academic.
ENTER:
Paul Kenny
Chief Clerk