Legal Opinion
Summerville v. City of New York
New York Court of Appeals
Decided March 19, 2002PublishedCited by 4 opinions
1Opinion of the Court
OPINION OF THE COURT
Levine, J.
CPLR 5519 consolidates all of the provisions of the State’s civil procedure code regarding stays pending appeal. This appeal requires us to address the interplay between two subdivisions of CPLR 5519 — CPLR 5519 (a) and (e). CPLR 5519 (a) (1) grants an automatic stay to the State, and its political subdivisions, their agencies and officers, pending an appeal from a judgment or order. CPLR 5519 (e) provides that a stay will be continued pending resolution of a second-level appeal or until a motion for permission to take such an appeal is denied, provided the…
2Cases cited4 opinions
- Summerville v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1999
- New York State Ass'n v. AxelrodAppellate Division of the Supreme Court of the State of New York · 1995
- 383 Madison Associates v. New York City Planning CommissionNew York Court of Appeals · 1989
- Town of Orangetown v. MageeAppellate Division of the Supreme Court of the State of New York · 1995
3Cited by4 opinions
- McLaughlin v. HernandezNew York Supreme Court · 2004
- McLAUGHLIN v. HernandezNew York Supreme Court, New York County · 2004
- Saratoga Citizen, Inc. v. FranckAppellate Division of the Supreme Court of the State of New York · 2012
- Stewart v. New York City Transit AuthorityNew York Supreme Court · 2015