IN THE MATTER OF JERRY WEIKEL, SR. V TOWN OF WEST TURIN, AND DOUGLAS SALMON, IN IS CAPACITY AS SUPERINTENDENT OF
Motion No: CA 19-02136
Slip Opinion No: 2019 NY Slip Op 85550(U)
Decided on December 2, 2019
Appellate Division, Fourth 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.


December 2, 2019

PRESENT: WHALEN, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.

CA 19-02136

IN THE MATTER OF JERRY WEIKEL, SR., PETITIONER-RESPONDENT,

V

TOWN OF WEST TURIN, AND DOUGLAS SALMON, IN IS CAPACITY AS

SUPERINTENDENT OF HIGHWAYS FOR THE TOWN OF WEST TURIN,

RESPONDENTS-APPELLANTS.


Petitioner having moved pursuant to CPLR 5519 (c) to vacate the automatic stay currently in effect pursuant to CPLR 5519 (a) (1), pending hearing and determination of the appeal taken herein from a judgment (denominated memorandum, decision, and order) of the Supreme Court, Lewis County, entered June 24, 2019, and for other relief,

Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted to the extent that the automatic stay currently in effect pursuant to CPLR 5519 (a) (1) is hereby vacated.

Entered: December 2, 2019

Mark W. Bennett

Clerk of the Court