Opinion
Motion No. 2024-01761 Case No. 2024-02369
04-23-2024
In the Matter of the Application of Donald J. Trump, Petitioner, v. The Honorable Juan M. Merchan, A.J.S.C., and The People of the State of New York by Alvin L. Bragg, Jr., Manhattan District Attorney, Respondents. For a Judgment Pursuant to Article 78 of the Civil Practice Law and Rules,
Unpublished Opinion
MOTION DECISION
PRESENT Hon. Cynthia S. Kern, Jeffrey K. Oing Ellen Gesmer Julio Rodriguez III Llinét M. Rosado, Justices.
SEALED
An Article 78 proceeding having been commenced in this Court for a writ of prohibition, pursuant to CPLR 7803(2), prohibiting respondent The Honorable Juan M. Merchan, A.J.S.C. from maintaining and enforcing each of the three operative provisions contained in the "gag order" imposed against petitioner by order entered in the Supreme Court, New York County, on or about March 26, 2024, and expanded by order of the same Court, entered on or about April 01, 2024, And petitioner having moved for a stay of the criminal proceedings in People v Donald J. Trump (Indictment No. 71543/23), or, in the alternative, a stay of enforcement of the aforesaid operative provisions of the "gag order," pending the hearing and determination of the foregoing Article 78 proceeding, Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon,
It is ordered that the motion is denied.