| Kellman v State of New York |
| Motion No: 2005-04999 |
| Slip Opinion No: 2006 NYSlipOp 70543(U) |
| Decided on June 19, 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
M40601
A/sl
ANITA R. FLORIO, J.P.
STEVEN W. FISHER
ROBERT J. LUNN
MARK C. DILLON, JJ.
|
2005-04999 Barbara Kellman, et al., respondents, v State of New York, appellant. (Claim No. 106578)
| DECISION & ORDER ON MOTION |
Motion by the respondents on an appeal from an order of the Court of Claims, dated March 23, 2005, to vacate any automatic stay which is in effect pursuant to CPLR 5519(a)(1) and for a preference in the calendaring 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 vacate any automatic stay in effect pursuant to CPLR 5519(a)(1) is denied as unnecessary as no automatic stay exists (see Matter of Pokoik v Department of Health Servs. of County of Suffolk, 220 AD2d 13); and it is further,
ORDERED that the branch of the motion which is for a preference in the calendaring of the appeal is denied.
FLORIO, J.P., FISHER, LUNN and DILLON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court