| Tauber v Village of Spring Valley |
| Motion No: 2007-11397 |
| Slip Opinion No: 2008 NYSlipOp 61760(U) |
| Decided on January 23, 2008 |
| 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
M65201
E/sl
WILLIAM F. MASTRO, J.P.
ANITA R. FLORIO
HOWARD MILLER
THOMAS A. DICKERSON, JJ.
|
2007-11397 Michael Tauber, respondent, v Village of Spring Valley, appellant. (Index No. 07-2367)
| DECISION & ORDER ON MOTION |
Motion by the respondent on an appeal from a judgment of the Supreme Court, Rockland County, dated October 31, 2007, "to modify the automatic stay pending appeal by conditioning the stay on [the appellant] perfecting its appeal within [45] days."
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motion is denied as no automatic stay exists (see Matter of Pokoik v Department of Health Servs. of County of Suffolk, 220 AD2d 13).
MASTRO, J.P., FLORIO, MILLER and DICKERSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court