Burlaka v. Greece Central School District

OPINION OF THE COURT

L. Paul Kehoe, J.

The issue before the court is whether defendant is entitled to an automatic stay pursuant to CPLR 5519 (a) (1). That section provides "[s]ervice upon the adverse party of a notice of appeal * ** * stays all proceedings to enforce the judgment or order appealed from pending the appeal * * * where * * * the appellant * * * j[g * * * any political subdivision of the state.” (Emphasis added.) The court previously granted a motion by plaintiffs for summary judgment on the issue of liability on this Labor Law § 240 (1) claim. The case has been called for trial…