THOMAS CARCONE, IN HIS CAPACITY AS A MEMBER OF UTICA PAID FIREMEN'S RELIEF ASSOCIATION OF CITY OF UTICA AND ON BEHALF

THOMAS CARCONE, IN HIS CAPACITY AS A MEMBER OF UTICA PAID FIREMEN'S RELIEF ASSOCIATION OF CITY OF UTICA AND ON BEHALF

Motion No: CA 22-00012

Slip Opinion No: 2022 NY Slip Op 73631(U)

Decided on October 24, 2022

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.

October 24, 2022

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

CA 22-00012
CA 22-00815

THOMAS CARCONE, IN HIS CAPACITY AS A MEMBER OF
UTICA PAID FIREMEN'S RELIEF ASSOCIATION OF CITY
OF UTICA AND ON BEHALF OF ALL MEMBERS OF THE UTICA PAID
FIREMEN'S RELIEF ASSOCIATION OF CITY OF UTICA,
PLAINTIFF-RESPONDENT,
V
JAMES NOON, IN HIS OFFICIAL CAPACITY AS PRESIDENT
OF UTICA PAID FIREMEN'S RELIEF ASSOCIATION OF CITY
OF UTICA, AND UTICA PAID FIREMEN'S RELIEF ASSOCIATION OF
CITY OF UTICA, DEFENDANTS-APPELLANTS.
THOMAS E. CARCONE, JOHN A. KARWACKI AND MILTON P. REEVES,
IN THEIR CAPACITY AS MEMBERS OF UTICA PAID FIREMAN'S RELIEF
ASSOCIATION OF CITY OF UTICA AND ON BEHALF OF ALL MEMBERS
OF UTICA PAID FIREMAN'S RELIEF ASSOCIATION OF CITY OF
UTICA, PLAINTIFFS-RESPONDENTS,
V
JAMES NOON, IN HIS OFFICIAL CAPACITY AS PRESIDENT OF UTICA
PAID FIREMAN'S RELIEF ASSOCIATION OF CITY OF UTICA AND
UTICA PAID FIREMEN'S RELIEF ASSOCIATION,
DEFENDANTS-APPELLANTS.

Defendants having moved to stay the trial of this action pursuant to CPLR 2201 and 5519 (c), pending the hearing and determination of the appeals taken herein from orders of Supreme Court, Oneida County, entered October 28, 2021, and April 13, 2022, 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 insofar as it seeks to stay the trial is denied on the grounds that a stay is not available from this Court with respect to the orders appealed and, a trial is not a proceeding to enforce an order (see CPLR 5519 [c]; Crumb v Rodgers, 234 AD2d 1015 [4th Dept 1996]); Matter of White v City of Jamestown, 242 AD2d 979, 980 [4th Dept 1997]; Baker v Board of Educ. of W. Irondequoit School Dist., 152 AD2d 1014 [4th Dept 1989]), and

It is further ORDERED that the motion is otherwise denied insofar as it seeks other relief.

Entered: October 24, 2022

Ann Dillon Flynn

Clerk of the Court