Lake Hawthorne Homeowners Ass'n v. Carey

OPINION OF THE COURT

Morrie Slipkin, J.

In this case of first impression, the issue is whether a party not ordinarily entitled to a statutory stay pending appeal is entitled to reap the benefits thereof when such a stay is obtained by a codefendant. The issue has been raised in an application by plaintiffs to hold defendant Payton in contempt of court.

Defendant Frank Payton is the vice-president and director of New York Living Centers, Inc. ("Living Centers”). Living *330Centers is a not-for-profit corporation organized for the purpose of providing care, treatment, training and residence to the…