Legal Opinion

Pokoik v. Department of Health Services of County of Suffolk

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

Decided May 1, 1996PublishedCited by 21 opinions

1Opinion of the Court

OPINION OF THE COURT

2Per curiam

This motion presents issues relating to the scope of the stay afforded by CPLR 5519 (a) (1) which states in relevant part that "[sjervice upon the adverse party of a notice of appeal or an affidavit of intention to move for permission to appeal stays all proceedings to enforce the judgment or order appealed from pending the appeal or determination on the motion for permission to appeal where: 1. the appellant or moving party is the state * * * or any officer or agency of the state or of any political subdivision of the state”. We start our examination of these issues with…

3Cases cited15 opinions

  1. Scripps-Howard Radio, Inc. v. Federal Communications CommissionSupreme Court of the United States · 1942
  2. De Crosta v. A. Reynolds Construction & Supply Corp.New York Court of Appeals · 1977
  3. Genet v. President of Delaware & Hudson Canal Co.New York Court of Appeals · 1889
  4. Sixth Avenue R.R. Co. v. . Gilbert E.R.R. Co.New York Court of Appeals · 1877
  5. Schneider v. AulisiNew York Court of Appeals · 1954

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4Cited by21 opinions

  1. State v. Town of HaverstrawAppellate Division of the Supreme Court of the State of New York · 1996
  2. Pickerell v. Town of HuntingtonAppellate Division of the Supreme Court of the State of New York · 1996
  3. Stepping Stones Associates v. SeymourAppellate Division of the Supreme Court of the State of New York · 2008
  4. Matter of State of New York v. Richard TT.Appellate Division of the Supreme Court of the State of New York · 2015
  5. Hunt v. HuntAppellate Division of the Supreme Court of the State of New York · 2007

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