Carey v. Oswego County Legislature

Appellate Division of the Supreme Court of New York

Carey v. Oswego County Legislature

90 A.D.2d 617, 454 N.Y.S.2d 688, 1982 N.Y. App. Div. LEXIS 18685

CourtAppellate Division of the Supreme Court of the State of New York

DecidedOctober 15, 1982

StatusPublished

This text of 90 A.D.2d 617 (Carey v. Oswego County Legislature) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Carey v. Oswego County Legislature, 90 A.D.2d 617, 454 N.Y.S.2d 688, 1982 N.Y. App. Div. LEXIS 18685 (N.Y. Ct. App. 1982).

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Opinion

Motion to vacate ex parte order of Supreme Court, Oswego County, dated September 22, 1982, denied, without costs. Since an appeal from an order of Supreme Court, Oswego County, is within the jurisdiction of the Appellate Division, Fourth Department, orderly procedure dictates that this motion be made to that court (CPLR 5704, subd [a]; see Siegel, Practice Commentaries, McKinney’s Cons Laws of NY, Book 7B, CPLR 5704:1, p 626). Cross motion for stay pending appeal granted, without costs, to the effect that neither party shall make an appointment to fill the vacancy existing in the office of Oswego County District Attorney pending determina[618]*618tion of the appeals to this court. Appellant-respondent shall file and serve brief on or before October 25, 1982. Respondent-appellant shall file and serve brief on or before November 5, 1982. Appeal set down for argument on November 18, 1982. Sweeney, J. P., Kane, Casey, Weiss and Levine, JJ., concur.

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Motion to vacate ex parte order of Supreme Court, Oswego County, dated September 22, 1982, denied, without costs. Since an appeal from an order of Supreme Court, Oswego County, is within the jurisdiction of the Appellate Division, Fourth Department, orderly procedure dictates that this motion be made to that court (CPLR 5704, subd [a]; see Siegel, Practice Commentaries, McKinney’s Cons Laws of NY, Book 7B, CPLR 5704:1, p 626). Cross motion for stay pending appeal granted, without costs, to the effect that neither party shall make an appointment to fill the vacancy existing in the office of Oswego County District Attorney pending determina[618]*618tion of the appeals to this court. Appellant-respondent shall file and serve brief on or before October 25, 1982. Respondent-appellant shall file and serve brief on or before November 5, 1982. Appeal set down for argument on November 18, 1982. Sweeney, J. P., Kane, Casey, Weiss and Levine, JJ., concur.

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Bluebook (online)

90 A.D.2d 617, 454 N.Y.S.2d 688, 1982 N.Y. App. Div. LEXIS 18685, Counsel Stack Legal Research, https://law.counselstack.com/opinion/carey-v-oswego-county-legislature-nyappdiv-1982.