Opinion
DOCKET NO. CAE 17-01586
09-08-2017
KHALIL H. COTTMAN, PETITIONER-RESPONDENT, v. ERIE COUNTY BOARD OF ELECTIONS, RESPONDENT-APPELLANT.
PRESENT:
Respondent moved, pursuant to CPLR 5519 (c), upon the return of an order to show cause signed by the Honorable Shirley Troutman on September 7, 2017, to vacate an automatic stay of all proceedings pursuant to CPLR 5519 (a) (1), of the order of Supreme Court entered in the Office of the Clerk of the County of Erie on August 25, 2017, pending the hearing and determination of the appeal taken herein,
Now, upon reading and filing the affirmation of James Ostrowski, Esq., dated September 6, 2017, said show cause order with proof of service thereof, and the affirmations of Jeremy C. Toth, Esq., dated received September 7, 2017, and September 8, 2017, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted and the automatic stay imposed by virtue of the appeal is hereby vacated.
Entered: September 8, 2017
Frances E. Cafarell, Clerk