| Rubin v Village of Larchmont |
| Motion No: 2018-05498 |
| Slip Opinion No: 2018 NY Slip Op 75582(U) |
| Decided on June 21, 2018 |
| 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
M251572
E/sl
ALAN D. SCHEINKMAN, P.J.
WILLIAM F. MASTRO
JOSEPH J. MALTESE
ANGELA G. IANNACCI, JJ.
|
2018-05498, 2018-05507 Deidre Rubin, et al., respondents-appellants, v Village of Larchmont, appellant-respondent. (Index No. 69004/14)
| DECISION & ORDER ON MOTION |
Motion by the appellant-respondent, inter alia, in effect, to confirm that an automatic stay of the trial in the above-entitled action is in effect pursuant to CPLR 5519(a)(1) pending hearing and determination of an appeal and a cross appeal from an order of the Supreme Court, Westchester County, dated April 24, 2018, and an appeal from a judgment of the same court entered April 26, 2018.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted to the extent that the trial which was directed by the judgment appealed from is covered by the automatic stay of enforcement of the judgment pursuant to CPLR 5519(a)(1); and it is further,
ORDERED that the motion is otherwise denied as academic.
SCHEINKMAN, P.J., MASTRO, MALTESE and IANNACCI, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court