| Robert C. Miller et v Wen Mei Lu- whitney as Administrator of the Estate of Laurence Whitney Deceased and as Administrator of the Estate of Daniel Ben Shmuel Barrett Deceased et Al |
| Motion No: 504713 |
| Slip Opinion No: 2008 NYSlipOp 74785(U) |
| Decided on June 6, 2008 |
| Appellate Division, Third 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. |
Decided and Entered: June 6,
2008
Case # 504713
ROBERT C. MILLER et al., Respondents, v Appellant, et al.,
Defendant. | DECISION AND ORDER ON MOTION |
Motion for stay pending appeal.
Upon the papers filed in support of the motion and the papers filed in
opposition thereto, it is
ORDERED that the motion is denied, without costs. Appellant seeks to stay an order directing appellant to
permit the retrieval of certain personal property by respondents. Consequently, an automatic stay is available upon the posting of an undertaking
in a sum fixed by the court of original instance pursuant to CPLR 5519 (a) (4). A discretionary stay is not appropriate where an automatic stay is
available (see Norcross v Cook, 199 AD2d 1079 [1993]).
PETERS, J.P., ROSE, KANE, MALONE JR. and STEIN, JJ.,
concur.
ENTER:
Michael J. Novack
Clerk of the Court