| Matter of Miller v New York State Division of Human Rights |
| Motion No: 2014-02613 |
| Slip Opinion No: 2014 NY Slip Op 80832(U) |
| Decided on August 19, 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. |
Appellate Division: Second Judicial Department
M176870
E/sl
WILLIAM F. MASTRO, J.P.
LEONARD B. AUSTIN
JEFFREY A. COHEN
HECTOR D. LASALLE, JJ.
|
2014-02613 In the Matter of Jerald Miller, petitioner- respondent, v New York State Division of Human Rights, appellant, et al., respondents. (Index No. 10771/12)
| DECISION & ORDER ON MOTION |
Motion by the petitioner-respondent, inter alia, to vacate any automatic stay which is in effect pursuant to CPLR 5519(a)(1) pending hearing and determination of an appeal from an order of the Supreme Court, Kings County, dated January 13, 2014. By order to show cause dated May 7, 2014, the parties were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal on the ground that the order dated January 13, 2014, is not appealable as of right as it is not the result of a motion made on notice and leave to appeal has not been granted, and the branch of the motion which is to vacate any automatic stay which is in effect pursuant to CPLR 5519(a)(1) was held in abeyance in the interim. Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect the appeal.
Now, upon the order to show cause and the papers filed in response thereto, upon the papers filed in support of the motion and the papers filed in opposition thereto, and upon the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motion to dismiss the appeal is denied as the order dated January 13, 2014, is appealable as of right because it is the result of a motion made on notice (see CPL 5701[a][2]); and it is further,
ORDERED that the branch of the petitioner-respondent's motion which is to vacate any automatic stay which is in effect pursuant to CPLR 5519(a)(1) pending hearing and determination of the appeal from the order dated January 13, 2014, is denied; and it is further,
ORDERED that the application is granted, the appellant's time to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this Court (see 22 NYCRR 670.9[d][2]) and by serving and filing the brief on the appeal is enlarged until October 20, 2014.
MASTRO, J.P., AUSTIN, COHEN and LASALLE, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court