Commissioner of New York State Office of Mental Health v. Village of Island Park
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
— In consolidated actions for a judgment declaring Local Laws, 1991, No. 1 of the Village of Island Park invalid, the defendants appeal *621from a judgment of the Supreme Court, Nassau County (Kohn, J.), dated April 3, 1992, which declared the law to be invalid.
Ordered that the judgment is affirmed, with costs.
The enactment of the local law, which, under certain circumstances, provided an automatic stay, inter alia, of the enforcement of the determination of an administrative body, is preempted by CPLR 7805, which grants the courts sole authorization to grant stays in these circumstances (see,…
2Cases cited1 opinion
- Board of Education of the Farmingdale Union Free School District v. GulottaAppellate Division of the Supreme Court of the State of New York · 1990