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UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF NEW YORK

WILLIAM M. GREENE and KAREN M.


GREENE,
Plaintiffs,
v. No. 08-CV-280
(LEK/DRH)
INTERNAL REVENUE SERVICE,

Defendant.

DAVID R. HOMER
U.S. MAGISTRATE JUDGE

ORDER

Plaintiffs have filed a motion seeking an order (1) granting them leave to file an

interlocutory appeal of this Court’s order, and (2) staying further proceedings pending

resolution of that appeal. The appeal of that order does not require leave of court and

plaintiff’s are already entitled to file such an appeal. See 28 U.S.C. 636(b)(1)(A); Fed. R.

Civ. P. 72(a); N.D.N.Y.L.R. 72.1(b). As to the request for a stay pending appeal, no

sufficient basis appears for granting such relief.

WHEREFORE, it is hereby

ORDERED that plaintiffs’ request for an order granting leave to file an interlocutory

appeal and for a stay pending such appeal is DENIED in all respects.

IT IS SO ORDERED.

DATED: July 17, 2008


Albany, New York

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