| Matter of Brown v New York State Racing and Wagering Boa |
| Motion No: 2007-07303 |
| Slip Opinion No: 2007 NYSlipOp 76097(U) |
| Decided on August 20, 2007 |
| 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
M58708
E/sl
STEPHEN G. CRANE, J.P.
REINALDO E. RIVERA
FRED T. SANTUCCI
PETER B. SKELOS, JJ.
|
2007-07303 In the Matter of Chris Brown, respondent, v New York State Racing and Wagering Board, et al., appellants. (Index No. 12103/06)
| DECISION & ORDER ON MOTION |
Motion by the respondent, inter alia, on an appeal from a judgment of the Supreme Court, Nassau County, entered July 12, 2007, to vacate any automatic stay in effect pursuant to CPLR 5519(a). Application by the appellants, in effect, to stay enforcement of so much of the judgment as enjoined them from, inter alia, prohibiting the respondent from performing routine dental care and maintenance at certain thoroughbred race tracks and, in effect, for summary reversal.
Upon the papers filed in support of the motion and the application, 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) is denied as unnecessary, as no automatic stay is in effect (see State of New York v Town of Haverstraw, 219 AD2d 64); and it is further,
ORDERED that the motion is otherwise denied as academic; and it is further,
ORDERED that the application is denied without prejudice to making a formal motion (see CPLR 8022).
CRANE, J.P., RIVERA, SANTUCCI and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court