Legal Opinion
Young v. State
Appellate Division of the Supreme Court of the State of New York
Decided March 17, 1995PublishedCited by 3 opinions
1Opinion of the Court
—Motion to vacate automatic stay dismissed as unnecessary. Memorandum: The stay under CPLR 5519 (a) (1) stays only proceedings to enforce the order on appeal, not all proceedings. "CPLR 5519 does not * * * automatically stay a determination of the claimant’s damages” upon an appeal from a judgment on liability (Brock v State of New York, 97 Misc 2d 400, 402; see also, Baker v Board of Educ., 152 AD2d 1014). Present—Pine, J. P., Lawton, Balio, Davis and Boehm, JJ.
2Cases cited2 opinions
- Baker v. Board of Education of West Irondequoit School DistrictAppellate Division of the Supreme Court of the State of New York · 1989
- Brock v. StateNew York Court of Claims · 1978
3Cited by3 opinions
- Pickerell v. Town of HuntingtonAppellate Division of the Supreme Court of the State of New York · 1996
- Schwartz v. New York City Housing AuthorityAppellate Division of the Supreme Court of the State of New York · 1996
- Lopez v. New York City Housing AuthorityCivil Court of the City of New York · 1998