Church Mutual Insurance v. People

—Order unanimously reversed on the law with costs, motion granted and order vacated. Memorandum: County Court erred in denying the motion of Kingdom Evangelism Ministries, Inc., and Scott Kear, its president (respondents), to vacate an order staying execution of an order of Buffalo City Court and restraining respondents from selling, transferring, mortgaging or otherwise encumbering their property at 341 Delaware Avenue in the City of Buffalo. Petitioner’s application for a stay of the City Court order was improperly granted in the first instance. That application should have been made to…