Opinion
HUD-L-463-02
EMERGENT APPLICATION FILED: April 18, 2002 ANSWER(S) FILED: April 19, 2002
On Appeal from the Superior Court of New Jersey, Appellate Division, Trial Court, Docket No. HUD-L-463-02, Motion No. Part: C, (Hudson County).
Kestin; Alley
APPEARANCE ONLY: BY: Michael Chagares, Esq. (Mark Stern, Esq., arguing) for Intervenor.
BY: Ronald K. Chen, Esq., for Plaintiffs.
BY: William J. Pascrell, III, Esq., for the Passaic County Defendants.
ORDER THIS MATTER HAVING BEEN DULY PRESENTED TO THE COURT, IT IS ON THIS 19th DAY OF APRIL, 2002, HEREBY ORDERED AS FOLLOWS:
EMERGENT APPLICATION FOR A STAY PENDING APPEAL AND ACCELERATION OF THE APPEAL: GRANTED (X) DENIED () OTHER (X)
SUPPLEMENTAL:
— The motion for a stay pending appeal is granted on the condition that the status quo will be maintained pending the outcome of the appeal, i.e., no INS detainee in the Hudson County or Passaic County jails will be removed from his or her current location except on consent (with the assistance of counsel of the individual's choice).
— The motion to accelerate the appeal is granted pursuant to the following schedule:
Intervenor's brief and defendants' briefs shall be filed (an original and one copy with the Clerk of the Appellate Division; one copy each directly with Judges Kestin, Alley and Steinberg) and served no later than April 29, 2002;
Plaintiffs' brief shall be filed and served no later than May 9, 2002;
Any reply brief is to be filed and served no later than May 14, 2002;
Oral argument on the appeal will be held at 10:00 a.m. on May 20, 2002 in Hackensack, Room 427 of the Bergen County Courthouse.
FOR THE COURT:
/s/ Howard H. Kestin HOWARD H. KESTIN, J.A.D.