| Martinez v City of New York |
| Motion No: 2006-00195 |
| Slip Opinion No: 2006 NYSlipOp 62991(U) |
| Decided on February 16, 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
M36093
E/sl
HOWARD MILLER, J.P.
STEPHEN G. CRANE
GLORIA GOLDSTEIN
REINALDO E. RIVERA, JJ.
|
2006-00195 Manuel E. Martinez, respondent, v City of New York, et al., appellants. (Index No. 31762/99)
| DECISION & ORDER ON MOTION |
Motion by the respondent on an appeal from a judgment of the Supreme Court, Kings County, dated November 23, 2005, inter alia, to vacate any automatic stay of enforcement of the judgment which may be in effect pursuant to CPLR 5519(a)(1).
Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is
ORDERED that the branch of the motion which is to vacate the automatic stay is denied as unnecessary as no automatic stay is in effect; and it is further,
ORDERED that the motion is otherwise denied as academic.
MILLER, J.P., CRANE, GOLDSTEIN and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court