Opinion
KAH 15-00451
06-23-2015
THE PEOPLE OF THE STATE OF NEW YORK EX REL., PHILLIP JOHNSON, PETITIONER-APPELLANT, v. PATRICK O'FLYNN, SHERIFF OF MONROE COUNTY, AND THE NEW YORK STATE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION, NEW YORK STATE DIVISION OF PAROLE, RESPONDENTS. Index No: 2015/770
PRESENT:
Petitioner having moved to stay parole proceedings pending the determination of the appeal taken from the order and decision of Supreme Court, Monroe County dated February 20, 2015 and for other relief,
Now, upon reading and filing the affirmation of Michael Jos. Witmer, Esq. dated June 10, 2015, the notice of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is denied.
Memorandum: The stay provision of CPLR 5519(a)(1) is not applicable because appellant is not the state or a political subdivision of the state. Because the order of Supreme Court, Monroe County is self-executing, there is nothing to stay (see CPLR 5519[c]). CPLR 2201 relief may be pursued before the court of original instance (see Rhodes v. Mosher, 115 AD2d 351).
Entered: June 23, 2015
Frances E. Cafarell, Clerk