Legal Opinion
Baker v. Board of Education of West Irondequoit School District
Appellate Division of the Supreme Court of the State of New York
Decided July 12, 1989PublishedCited by 12 opinions
1Opinion of the Court
Motion insofar as it requests dismissal of appeal granted unless appellants’ records and briefs are filed and served on or before August 25, 1989; insofar as it requests the automatic stay be vacated, the motion is denied as unnecessary. Memorandum: Neither a discretionary stay nor an automatic stay under CPLR 5519 stays all proceedings in the action; it stays only proceedings to enforce the order or judgment appealed from (see, Rhodes v Mosher, 115 AD2d 351, followed in Epping v County of Monroe, 151 AD2d 1049; Matter of Gordon v Town of Esopus, 107 AD2d 114, 115, Iv denied 65 NY2d 609). The…
2Cases cited3 opinions
- Gordon v. Town of EsopusAppellate Division of the Supreme Court of the State of New York · 1985
- Rhodes v. MosherAppellate Division of the Supreme Court of the State of New York · 1985
- Epping v. County of MonroeAppellate Division of the Supreme Court of the State of New York · 1989
3Cited by12 opinions
- Pokoik v. Department of Health Services of County of SuffolkAppellate Division of the Supreme Court of the State of New York · 1996
- Shorten v. City of White PlainsAppellate Division of the Supreme Court of the State of New York · 1995
- Pickerell v. Town of HuntingtonAppellate Division of the Supreme Court of the State of New York · 1996
- Matter of State of New York v. Richard TT.Appellate Division of the Supreme Court of the State of New York · 2015
- Rotondo v. ReevesAppellate Division of the Supreme Court of the State of New York · 1993
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