Opinion
Motion No. 2023-600
09-19-2023
In the Matter of Anthony S. Hoffmann, et al., Respondents, v. New York State Independent Redistricting Commission, et al., Respondents, Independent Redistricting Commissioner Ross Brady, et al., Appellants, Tim Harkenrider, et al., Appellants.
Unpublished Opinion
MOTION DECISION
Motion, insofar as it seeks to vacate the CPLR 5519 (a) stay, denied; motion, insofar as it seeks clarification of the automatic stay granted. The order of the Appellate Division directed the Independent Redistricting Commission (IRC) to "commence its duties forthwith" (217 A.D.3d 53, 62 [3d Dept 2023]). That order is automatically stayed pursuant to CPLR 5519 (a) (1), but the stay does not prohibit the IRC or its members from taking any actions.
Cross-motion for a stay pursuant to CPLR 5519 (c) dismissed as academic.