| SPORTSMEN'S TAVERN LLC V NEW YORK STATE LIQUOR AUTHORITY |
| Motion No: CA 20-01360 |
| Slip Opinion No: 2020 NY Slip Op 75827(U) |
| Decided on December 9, 2020 |
| 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. |
PRESENT: WHALEN, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.
CA 20-01360
| SPORTSMEN'S TAVERN LLC,
PETITIONER-RESPONDENT, V NEW YORK STATE LIQUOR AUTHORITY, RESPONDENT-APPELLANT. |
Appellant having moved for an order declaring that the automatic stay under CPLR 5519 (a) (1) applies to the order and judgment of the Supreme Court, Erie County, entered October 15, 2020, or, alternatively, granting a discretionary stay pending appeal pursuant to CPLR 5519 (c),
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 denied (see Wilkinson v Sukiennik, 120 AD2d 989, 989 [4th Dept 1986]; Matter of Pokoik v Dept. of Health Services of County of Suffolk, 220 AD2d 13, 17 [2d Dept 1996]; State of New York v Town of Haverstraw, 219 AD2d 64, 66 [2d Dept 1996]).
Entered: December 9, 2020
Mark W. Bennett
Clerk of the Court