Legal Opinion

Sayre v. Hoey

Appellate Division of the Supreme Court of the State of New York

Decided January 16, 2014PublishedCited by 2 opinions

1Opinion of the Court

The court properly lifted the stay of this action, which had been imposed pending the conclusion of the related criminal proceedings (see CPLR 2201; Britt v International Bus Servs., 255 AD2d 143, 144 [1st Dept 1998]). As the court observed, there is no indication in the record that there are any criminal proceedings pending against Hoey (see Stuart v Tomasino, 148 AD2d 370, 373 [1st Dept 1989] [“Even if a criminal prosecution had been pending, however, the motion court was not obligated to stay the civil matter”]; see also Fortress Credit Opportunities I LP v Netschi, 59 AD3d 250 [1st Dept…

2Cases cited4 opinions

  1. Britt v. International Bus Services, Inc.Appellate Division of the Supreme Court of the State of New York · 1998
  2. Stuart v. TomasinoAppellate Division of the Supreme Court of the State of New York · 1989
  3. Fortress Credit Opportunities v. NetschiAppellate Division of the Supreme Court of the State of New York · 2009
  4. Haenel v. November & NovemberAppellate Division of the Supreme Court of the State of New York · 1988

3Cited by2 opinions

  1. H.T. v. A.E.New York Supreme Court · 2017
  2. Matter of Giardina v. JamesAppellate Division of the Supreme Court of the State of New York · 2020

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