| Bermudez v City of New York |
| Motion No: 2008-07660 |
| Slip Opinion No: 2009 NYSlipOp 67663(U) |
| Decided on March 26, 2009 |
| 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
M84390
E/sl
MARK C. DILLON, J.P.
DANIEL D. ANGIOLILLO
THOMAS A. DICKERSON
RANDALL T. ENG, JJ.
|
2008-07660 Maritza Bermudez, respondent, v City of New York, 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, Richmond County, dated June 17, 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 opposition thereto, it is
ORDERED that the branch of the motion which is to confirm that an automatic stay pursuant to CPLR 5519(a) (1) exists is granted to the extent that so much of the order dated June 17, 2008, as directed a trial on the issue of damages is subject to an automatic stay (see CPLR 5519[a][1]) pending hearing and determination of the appeal, and that branch of the motion is otherwise denied; and it is further,
ORDERED that the branch of the motion which is to stay the trial on the issue of damages pursuant to CPLR 5519(c) is denied as academic; and it is further,
ORDERED that the motion is otherwise denied.
DILLON, J.P., ANGIOLILLO, DICKERSON and ENG, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court