| Matter of City of Newburgh v McGrane |
| Motion No: 2009-05430 |
| Slip Opinion No: 2009 NY Slip Op 80987(U) |
| Decided on August 20, 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
M91029
E/sl
ROBERT A. SPOLZINO, J.P.
MARK C. DILLON
HOWARD MILLER
DANIEL D. ANGIOLILLO, JJ.
|
2009-05430 In the Matter of City of Newburgh, appellant, v Jean-Ann McGrane, respondent. (Ind. No. 09-3144)
| DECISION & ORDER ON MOTION |
Motion by the appellant, inter alia, to confirm that an automatic stay pursuant to CPLR 5519(a)(1) exists on an appeal from an order of the Supreme Court, Orange County, dated May 27, 2009, and for an award of costs and an attorney's fee payable by the American Arbitration Association.
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, and the arbitration proceeding between the parties pending before the American Arbitration Association under case number 191660001809 is subject to an automatic stay (see CPLR 5519[a][1]), pending hearing and determination of the appeal; and it is further,
ORDERED that the motion is otherwise denied.
SPOLZINO, J.P., DILLON, MILLER and ANGIOLILLO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court