Washington (CNN) A New York appeals court justice said President Donald Trump's video deposition is on hold in a lawsuit alleging protestors were assaulted outside of Trump Tower.

Justice Dianne Renwick issued a one-page order placing a hold on a decision Friday by New York state Judge Doris Gonzales who ruled that Trump's video testimony is "indispensable" to the trial, which was set to begin on Thursday. Trump, the judge said, would have to appear for a video deposition saying, "No government official, including the executive, is above the law," the judge said.

Lawyers for Trump appealed that ruling and an emergency motion was held Tuesday, according to Roger Bernstein, an attorney representing the protesters.

Renwick said the order compelling Trump's video deposition and the start of the trial would be postponed until the legal issues could be heard by "the full bench" of the appeals court. She set a date for motions to be filed by October 7. The Friday ruling raised the issue of a state level judge being able to compel the president to testify at a civil trial.

The court battle is the latest involving Trump as his lawyers are also fighting subpoenas served to his accountants and bankers for tax records and other financial documents.

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