White v. City of Jamestown

Motion for permission to appeal granted; motion otherwise denied. Memorandum: To the extent that the order of Supreme Court is not appealable as of right (see, CPLR 5701 [b] [1]), we grant the motion for permission to appeal (see, CPLR 5701 [c]). The stay obtained pursuant to CPLR 5519 (a) (1) stays only proceedings to enforce an order, and a trial is not a proceeding to enforce an order (see, Baker v Board of Educ., 152 AD2d 1014). That the order, as an incident to other relief, directs the parties to proceed to trial does not make the trial a proceeding to enforce the order. To the extent…