| MOTION NO. 301 JOSEPH TUPPER, AS PRESIDENT AND ON BEHALF OF SYRACUSE PROPERTY OWNERS ASSOCIATION, 741 LIVINGSTON |
| Motion No: CA 09-02157 |
| Slip Opinion No: 2010 NY Slip Op 75078(U) |
| Decided on June 11, 2010 |
| Appellate Division, Fourth 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. |
PRESENT: SCUDDER, P.J., PERADOTTO, LINDLEY, AND GORSKI, JJ.
CA 09-02157
| MOTION NO. 301 JOSEPH TUPPER, AS PRESIDENT AND ON BEHALF OF
SYRACUSE PROPERTY OWNERS ASSOCIATION, 741 LIVINGSTON AVENUE, LLC, STAMPEDE VI, LLC, HAMR, INC., 867 SUMNER AVE., L.L.C., JAKE AND
BUCK, LLC, OCOMSTOCK, LLC, DAVID EADE AND BENJAMIN TUPPER, PLAINTIFFS-RESPONDENTS, V CITY OF SYRACUSE, COMMON COUNCIL
OF CITY OF SYRACUSE AND PLANNING COMMISSION OF CITY OF SYRACUSE, DEFENDANTS-APPELLANTS. |
Respondents having moved for an order declaring that there is no automatic stay of the judgment of the Supreme Court, entered in the Office of the Clerk of the County of Onondaga on January 21, 2009, in effect pursuant to CPLR 5519 (a) (1), and for sanctions,
Appellants having cross-moved for an order declaring that pursuant to CPLR 5519 (a) (1) there is currently an automatic stay of the judgment of the Supreme Court entered in the Office of the Clerk of the County of Onondaga on January 21, 2009, and having cross-moved, in the alternative, for a discretionary stay pursuant to CPLR 5519 (c),
Now, upon reading and filing the affirmation of Adam L. Wekstein, Esq. dated April 16, 2010, the affidavit of William Osuchowski sworn to April 15, 2010, the affidavit of Joseph Tupper sworn to April 15, 2010, the affirmation of Joseph Francis Bergh, Esq. dated April 28, 2010, the affidavit of Owen Kerney sworn to April 28, 2010, the notices of motion and cross motion and proof of service thereof, the affirmation of Adam L. Wekstein, Esq. dated April 30, 2010, and due deliberation having been had thereon,
It is hereby ORDERED that the motion for sanctions is denied, and
It is further ORDERED that the cross motion insofar as it seeks a stay pursuant to CPLR 5519 (c) is denied.
Memorandum: Because the order of the Supreme Court entered January 21, 2009 and the order of this Court entered March 19, 2010 did not contain executory directions commanding appellants to act, those orders are not automatically stayed pursuant to CPLR 5519 (a) (1) (see Matter of Pokoik v Department of Health Servs. of County of Suffolk, 220 AD2d 13).
Entered: June 11, 2010
Patricia L. Morgan, Clerk