Sayre v. Hoey
Appellate Division of the Supreme Court of the State of New York
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
- Britt v. International Bus Services, Inc.Appellate Division of the Supreme Court of the State of New York · 1998
- Stuart v. TomasinoAppellate Division of the Supreme Court of the State of New York · 1989
- Fortress Credit Opportunities v. NetschiAppellate Division of the Supreme Court of the State of New York · 2009
- Haenel v. November & NovemberAppellate Division of the Supreme Court of the State of New York · 1988
3Cited by2 opinions
- H.T. v. A.E.New York Supreme Court · 2017
- Matter of Giardina v. JamesAppellate Division of the Supreme Court of the State of New York · 2020