Opinion
DOCKET NO. CA 16-00248
05-18-2016
IN THE MATTER OF VILLAGE OF PULASKI, PETITIONER-RESPONDENT, v. ROBERT M. WEICHERT, ASSIGNEE OF ROBERT S. WEICHERT, RESPONDENT-APPELLANT.
PRESENT:
Robert M. Weichert, on behalf of appellant, having moved for a stay of all proceedings in this matter pending in Supreme Court, Oswego County, under the Index Number 2015-0421, pursuant to New York State Military Law § 304, for this Court to require petitioner to post a bond, and for assignment of counsel in the appeal taken herein from an order of Supreme Court entered in the Office of the Clerk of the County of Oswego on November 23, 2015,
Now, upon reading and filing the affidavit of Robert M. Weichert sworn to March 14, 2016, the notice of motion with proof of service thereof, and the affirmation of Christopher M. Militello, Esq., dated April 7, 2016, and due deliberation having been had thereon,
It is hereby ORDERED that the motion insofar as it seeks a stay is granted, without prejudice to a motion to vacate upon a showing that appellant's military service does not materially affect his ability to conduct his defense (see Greco v Renegades Inc., 307 AD2d 711; Warshawsky v Warshawsky, 215 AD2d 374; Short v Rapping,135 AD2d 624), and
It is further ORDERED that the motion insofar as it seeks assignment of counsel is denied, and
It is further ORDERED that the motion is otherwise denied.
Memorandum: Assignment of counsel is not available.
Entered: May 18, 2016
Frances E. Cafarell, Clerk