Finger Lakes Racing Ass'n v. New York Racing Ass'n

Appeal from an order of the Supreme Court, Ontario County (Kenneth R. Fisher, J.), entered September 26, 2005 in a declaratory judgment action. The order granted defendant’s motion for a stay and for leave to amend the answer.

*1209It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs.

Memorandum: Supreme Court properly granted that part of defendant’s motion for a stay in this declaratory judgment action pending the outcome of a CPLR article 78 proceeding in Supreme Court, Albany County (see generally CPLR 2201). The record establishes…