| Liverpool v Lecruise |
| Motion No: 2008-03471 |
| Slip Opinion No: 2008 NYSlipOp 73048(U) |
| Decided on May 27, 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
M71012
E/sl
STEVEN W. FISHER, J.P.
EDWARD D. CARNI
WILLIAM E. McCARTHY
ARIEL E. BELEN, JJ.
|
2008-03471 Roxanne Liverpool, et al., respondents, v John Lecruise, et al., appellants. (Ind. No. 20388/02)
| DECISION & ORDER ON MOTION |
Motion by the appellants to confirm that an automatic stay pursuant to CPLR 5519(a) (1) exists on an appeal from an order of the Supreme Court, Queens County, dated February 25, 2008, or, in the alternative, for a discretionary stay pursuant to CPLR 5519(c).
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the branch of the motion which is to confirm an automatic stay pursuant to CPLR 5519(a) (1) exists is granted, as so much of the order dated February 25, 2008, as directed an immediate trial is subject to an automatic stay (see CPLR 5519[a][1]; Public Auth. Law, 1212-a[3]) pending hearing and determination of the appeal; and it is further,
ORDERED that the motion is otherwise denied as academic.
FISHER, J.P., CARNI, McCARTHY and BELEN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court