Prudenti v County of Suffolk
Motion No: 2014-03494
Slip Opinion No: 2014 NY Slip Op 73198(U)
Decided on May 23, 2014
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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M174594

E/sl

MARK C. DILLON, J.P.

PLUMMER E. LOTT

LEONARD B. AUSTIN

BETSY BARROS, JJ.

2014-03494

Anthony Prudenti, etc., et al., respondents,

v County of Suffolk, et al., appellants, et a

defendants.

(Index No. 32551/12)

DECISION & ORDER ON MOTION


l.,

Motion by the respondents to confirm that no automatic stay exists pursuant to CPLR 5519(a) of enforcement of an order of the Supreme Court, Suffolk County, dated February 27, 2014, pending hearing and determination of an appeal therefrom, or, in the alternative, pursuant to CPLR 5519(c) to vacate the automatic stay, or for an expedited briefing schedule. Cross motion by the appellants pursuant to CPLR 5519(c) to stay enforcement of the order dated February 27, 2014, pending hearing and determination of an appeal therefrom.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, and upon the papers filed in support of the cross motion and the papers filed in opposition and in relation thereto, it is

ORDERED that the motion is denied; and it is further,

ORDERED that the cross motion is denied as unnecessary, as an automatic stay is in effect pursuant to CPLR 5519(a).

DILLON, J.P., LOTT, AUSTIN and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court