Opinion
Motion No: 529125
07-09-2019
In the Matter of KYLE BIRCH, Respondent, v. ANTHONY J. ANNUCCI, as Acting Commissioner of Corrections and Community Supervision, Appellant.
DECISION AND ORDER ON MOTION
Motion to declare that appellant is not entitled to stay pursuant to CPLR 5519 (a) (1) or, in the alternative, to vacate stay.
Cross motion for discretionary stay.
Upon the papers filed in support of the motion and the cross motion, and the papers filed in opposition thereto, it is
ORDERED that the motion to declare that appellant is not entitled to a stay pursuant to CPLR 5519 (a) (1) is granted, without costs, and it is further
ORDERED that the motion to vacate the stay is denied, without costs, as unnecessary, and it is further
ORDERED that the cross motion is denied, without costs.
Garry, P.J., Clark, Rumsey and Pritzker, JJ., concur.
ENTER:
Robert D. Mayberger
Clerk of the Court