| Matter of Schimenti v City of New York |
| Motion No: 2023-00560 |
| Slip Opinion No: 2023 NY Slip Op 76095(U) |
| Decided on November 1, 2023 |
| 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
M291981
AFA/
CHERYL E. CHAMBERS, J.P.
LINDA CHRISTOPHER
HELEN VOUTSINAS
LAURENCE L. LOVE, JJ.
|
2023-00560, 2023-01364 In the Matter of Frank Schimenti, respondent, v City of New York, et al., appellants. (Index No. 85075/2022)
| DECISION & ORDER ON MOTION |
Appeals from an order of the Supreme Court, Richmond County, dated December 14, 2022, and an order and judgment (one paper) of the same court dated January 23, 2023, respectively. Motion by the respondent, inter alia, in effect, pursuant to CPLR 5519(c) to vacate any automatic stay of so much of the order and judgment as reinstated the respondent's employment and awarded the respondent back pay.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is, in effect, pursuant to CPLR 5519(c) to vacate any automatic stay of so much of the order and judgment as reinstated the respondent's employment and awarded the respondent back pay is denied as unnecessary as there is no automatic stay pursuant to CPLR 5519(a) in effect, and the motion is otherwise denied.
CHAMBERS, J.P., CHRISTOPHER, VOUTSINAS and LOVE, JJ., concur.
ENTER:
Darrell M. Joseph
Acting Clerk of the Court