| Matter of Cruz v New York State Unified Court System |
| Motion No: 2012-09256 |
| Slip Opinion No: 2012 NY Slip Op 93163(U) |
| Decided on December 10, 2012 |
| 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
M147892
E/sl
DANIEL D. ANGIOLILLO, J.P.
JOHN M. LEVENTHAL
L. PRISCILLA HALL
PLUMMER E. LOTT, JJ.
|
2012-09256 In the Matter of Jocelyn Cruz, et al., respondents, v New York State Unified Court System, et al., appellants. (Index No. 5251/12)
| DECISION & ORDER ON MOTION |
Motion by the appellants to confirm that an automatic stay pursuant to CPLR 5519(a) of enforcement of a judgment of the Supreme Court, Nassau County, entered October 1, 2012, is in effect, pending hearing and determination of an appeal from the judgment, or, in the alternative, pursuant to CPLR 5519(c) to stay enforcement of the judgment pending hearing and determination of the appeal.
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) is in effect is denied as no automatic stay is in effect; and it is further,
ORDERED that the branch of the motion which is pursuant to CPLR 5519(c) to stay enforcement of the judgment is denied.
ANGIOLILLO, J.P., LEVENTHAL, HALL and LOTT, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court