Legal Opinion

Robey v. State

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

Decided March 21, 1973No. Claim No. 53237PublishedCited by 3 opinions

1Opinion of the Court

— Motion by State for order declaring the existence of statutory stay of all proceedings pursuant to CPLR 5519 (subd. [a], par. 1) or, in the alternative, for stay pursuant to CPLR 5519 (subd. [c]). The motion for a stay pursuant to CPLR 5519 (subd. [c]) is denied, without costs. With respect to the statutory stay, we are of the opinion that the filing of a notice of appeal from the order entered March 8, 1973 did not effect an automatic stay of the trial of the claim. Staley, Jr., J. P., Cooke, Sweeney, Kane and Main, JJ., concur.

2Cited by3 opinions

  1. Walker v. Delaware & Hudson RailroadAppellate Division of the Supreme Court of the State of New York · 1986
  2. Board of Education v. NyquistAppellate Division of the Supreme Court of the State of New York · 1977
  3. Sussman v. StateNew York Court of Claims · 1976