| Calcedo Construction Corp. v New York City School Cons |
| Motion No: 2005-04780 |
| Slip Opinion No: 2006 NYSlipOp 62821(U) |
| Decided on February 9, 2006 |
| Appellate Division, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
Appellate Division: Second Judicial Department
M35945
Y/sl
ANITA R. FLORIO, J.P.
GABRIEL M. KRAUSMAN
GLORIA GOLDSTEIN
ROBERT A. LIFSON, JJ.
|
2005-04780 Calcedo Construction Corp., respondent, v New York City School Construction Authority, appellant. (Index No. 17517/01)
| DECISION & ORDER ON MOTION |
Motion by the appellant on an appeal from an order of the Supreme Court, Queens County, dated March 2, 2005, to declare that an automatic stay of enforcement of the order is in effect pursuant to CPLR 5519(a)(1), or, alternatively, to stay the trial of the above-entitled action pending hearing and determination of the appeal.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is to declare that the automatic stay is in effect pursuant to CPLR 5519(a)(1) is denied as there is no automatic stay in effect; and it is further,
ORDERED that the motion is otherwise denied.
FLORIO, J.P., KRAUSMAN, GOLDSTEIN and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court