State v. Town of Haverstraw
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
2Per curiam
On this motion we are called upon to decide whether the State, its political subdivisions, or their officers or agents obtain an automatic stay pursuant to CPLR 5519 (a) (1) by appealing as of right or by seeking permission to appeal from an order or judgment which prohibits certain conduct on their part. We are of the opinion that no automatic stay is available in those circumstances.
As explained in Matter of Pokoik v Department of Health Servs. (220 AD2d 13 [decided herewith]), the service of a notice of appeal by the State, a political subdivision thereof, or their…
3Cases cited6 opinions
- Genet v. President of Delaware & Hudson Canal Co.New York Court of Appeals · 1889
- Sixth Avenue R.R. Co. v. . Gilbert E.R.R. Co.New York Court of Appeals · 1877
- Pokoik v. Department of Health Services of County of SuffolkAppellate Division of the Supreme Court of the State of New York · 1996
- DeLury v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1975
- New York Mail & Newspaper Transportation Co. v. SheaAppellate Division of the Supreme Court of the State of New York · 1898
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4Cited by12 opinions
- Ulster Home Care, Inc. v. VaccoAppellate Division of the Supreme Court of the State of New York · 1999
- Hicks v. SchoetzAppellate Division of the Supreme Court of the State of New York · 1999
- Lombardi v. HabichtAppellate Division of the Supreme Court of the State of New York · 2002
- In re Nile W.Appellate Division of the Supreme Court of the State of New York · 2009
- Bianculli v. City of New York Off. of Labor RelationsAppellate Division of the Supreme Court of the State of New York · 2023
7 more not listed; retrieve them via the Exa API.