| Matter of Devine v Annucci |
| Motion No: 2014-09356 |
| Slip Opinion No: 2014 NY Slip Op 92307(U) |
| Decided on December 10, 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
M183057
E/sl
REINALDO E. RIVERA, J.P.
SHERI S. ROMAN
COLLEEN D. DUFFY
BETSY BARROS, JJ.
|
2014-09356 In the Matter of Michael Devine, respondent, v Anthony J. Annucci, et al., appellants. (Index No. 5406/12)
| DECISION & ORDER ON MOTION |
Motion by the respondent on an appeal from an order of the Supreme Court, Kings County, dated September 29, 2014, to vacate any automatic stay of enforcement of the order, pursuant to CPLR 5519(a)(1), pending hearing and determination of the appeal therefrom. Motion by the appellants to stay enforcement of the order, pending hearing and determination of the appeal.
Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is
ORDERED that the respondent's motion is denied as unnecessary as no automatic stay of enforcement of the order dated September 29, 2014, pursuant to CPLR 5519(a)(1), is in effect; and it is further,
ORDERED that the appellants' motion is denied.
RIVERA, J.P., ROMAN, DUFFY and BARROS, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court