Appellate Division: Second Judicial Department

M51736

E/sl

HOWARD MILLER, J.P.

WILLIAM F. MASTRO

DAVID S. RITTER

RUTH C. BALKIN, JJ.

2007-01169 In the Matter of Akeel Danish, respondent, v Taxi and Limousine Commission, NYC, appellant. (Index No. 34422/06)

DECISION & ORDER ON MOTION

Motion by the respondent on an appeal from a judgment of the Supreme Court, Kings County, entered January 9, 2007, to declare that no automatic stay of enforcement of the judgment pursuant to CPLR 5519(a)(1) is in effect or, if such an automatic stay is in effect, to vacate that stay, and for leave to prosecute the appeal as a poor person. Cross motion by the appellant to confirm that an automatic stay of the judgment pursuant to CPLR 5519(a)(1) is in effect or to stay the judgment pending hearing and determination of the appeal.

Upon the papers filed in support of the motion and the cross motion and the papers filed in opposition thereto, it is

ORDERED that the branch of the motion which is to declare that no automatic stay of enforcement of the judgment pursuant to CPLR 5519(a)(1) is in effect is granted, and it is declared that no automatic stay of enforcement of the judgment entered January 9, 2007, is in effect pursuant to CPLR 5519(a)(1); and it is further,

ORDERED that the branch of the motion which is to vacate any stay in effect pursuant to CPLR 5519(a)(1) is denied as unnecessary; and it is further,

ORDERED that the branch of the motion which is for leave to prosecute the appeal as a poor person is denied; and it is further,

ORDERED that the cross motion is denied.

MILLER, J.P., MASTRO, RITTER and BALKIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court