IN RE: Anthony S. HOFFMANN (2023)

Court of Appeals of New York.

IN RE: 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.

2023-600

Decided: September 19, 2023

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 AD3d 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.

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