| Incorporated Village of Muttontown v Ryba |
| Motion No: 2013-03921 |
| Slip Opinion No: 2013 NY Slip Op 71566(U) |
| Decided on April 24, 2013 |
| 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
M155205
E/sl
DANIEL D. ANGIOLILLO, J.P.
L. PRISCILLA HALL
SHERI S. ROMAN
SYLVIA HINDS-RADIX, JJ.
|
2013-03921 Incorporated Village of Muttontown, respondent, v Bernard D. Ryba, et al., appellants. (Index No. 8193/12)
| DECISION & ORDER ON MOTION |
Motion by the respondent pursuant to CPLR 5519(c) to vacate an automatic stay imposed pursuant to CPLR 5519(a)(1), pending hearing and determination of an appeal from an order of the Supreme Court, Nassau County, entered February 25, 2013.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied as unnecessary as no automatic stay is in effect (see Matter of Pokoik v Department of Health Servs. of County of Suffolk, 220 AD2d 13).
ANGIOLILLO, J.P., HALL, ROMAN and HINDS-RADIX, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court