Town of Plattekill v. Dutchess Sanitation, Inc.

Upon motion of respondent and pursuant to CPLR 5519 (subd [c]), the order of Special Term made and entered on March 4, 1977, granting a stay pending appeal, is hereby vacated, without costs. In view of the facts and circumstances presented, it was improper to grant the stay upon telephone notice without affording respondent an opportunity to be heard in opposition as requested (cf. CPLR 2214, 6311, 6313, subd [a]; Rosen v Rosen, 38 AD2d 881). We are also of the opinion that, pursuant to CPLR 5519 (subd [a], par 1), the notice of appeal filed by respondent on March 7, 1977 effected an…