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MATTER OF JAMES v. McQUEEN

Index No. 451825/19. Appeal No. 15429. Case No. 2021-00330.

203 A.D.3d 447 (2022)

160 N.Y.S.3d 594

2022 NY Slip Op 01404

In the Matter of The People of the State of New York by Letitia James, Attorney General of the State of New York, Respondent, v. Ackerman McQueen, Respondent, and National Rifle Association of America, Appellant.

Appellate Division of the Supreme Court of New York, First Department.

Decided March 3, 2022.

Attorney(s) appearing for the Case

Brewer, Attorneys & Counselors, New York (Sarah B. Rogers of counsel), for appellant.

Letitia James, Attorney General, New York (Matthew William Grieco of counsel), for State respondent.

Concur— Manzanet-Daniels, J.P., Mazzarelli, Singh, Scarpulla, Higgitt, JJ.

The representation in the record by petitioner that full compliance with the subpoena was achieved prior to the entry of the order on appeal is uncontested (see Matter of Lefkowitz v Kershenberg, 56 A.D.2d 555, 555 [1st Dept 1977]), and the NRA failed to seek a preliminary stay pending determination of its motion or a stay pending appeal (see Matter of Henry St. Invs., Ltd. v Brennan, 153 A.D.3d 1402

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