View Single Post
Old March 1, 2013, 01:37 PM   #232
Spats McGee
Join Date: July 28, 2010
Location: Arkansas
Posts: 5,591
I'll freely admit that I'm not a NY attorney, but operating on general principles, it should go something like this:
  1. Plaintiff files Complaint and request for TRO &/or injunction
  2. If Plaintiff wins, Court enters TRO/injunction
  3. Defendant(s) appeal, and file a motion to stay the injunction (allowing state to continue enforcing law) pending outcome of appeal
  4. Trial court decided whether to stay injunction.

If the Court issues the injunction, my gut reaction is that it is unlikely that the stay will be granted. I say that because denying a stay (leaving injunction in place) just leaves everyone in the same position that they would be, had the law never been passed. OTOH, if the stay is granted, everyone goes forward, with the risk being that the injunction will be upheld on appeal, and there's a risk that lots of stuff will have to just be undone if the Plaintiffs ultimately prevail.
I'm a lawyer, but I'm not your lawyer. If you need some honest-to-goodness legal advice, go buy some.
Spats McGee is offline  
Page generated in 0.07055 seconds with 7 queries