| Spindell v Town of Hempstead |
| Motion No: 2010-10484 |
| Slip Opinion No: 2011 NY Slip Op 74211(U) |
| Decided on May 31, 2011 |
| 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
M120217
E/sl
REINALDO E. RIVERA, J.P.
ANITA R. FLORIO
THOMAS A. DICKERSON
RANDALL T. ENG, JJ.
|
2010-10484 Deric Spindell, respondent, v Town of Hempstead, et al., appellants. (Index No. 156/09)
| DECISION & ORDER ON MOTION |
Motion by Town of Hempstead on appeals from an order of the Supreme Court, Nassau County, entered September 30, 2010, in effect, to confirm that an automatic stay is in effect pursuant to CPLR 5519(a)(1) staying enforcement of so much of the order as directed the parties to appear for trial, or, in the alternative, pursuant to CPLR 5519(c) to stay the trial.
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the branch of the motion which is to confirm that an automatic stay is in effect pursuant to CPLR 5519(a)(1) is granted and the motion is otherwise denied as unnecessary.
RIVERA, J.P., FLORIO, DICKERSON and ENG, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court