Serth v. New York State Department of Transportation

Motion by petitioner to vacate statutory stay of judgment of Supreme Court, Albany County, entered July 2, 1980, which, inter alia, directed appellant New York State Department of Transportation to terminate certain seasonal employees on the ground they were appointed in violation of a procedure established by the Civil Service Commission. In our opinion, the motion should be denied. Initially, it is clear that the statutory stay (CPLR 5519, subd [a], par 1) expresses a public policy designed to protect the State during the pendency of an appeal and, accordingly, is not lightly to be vacated…