| KRISTOPHER W. WOLFE AND ANTHONY T. WOLFE V ANN C. KIRK, ALSO KNOWN AS ANN KIRK, - . . |
| Motion No: CA 25-00235 |
| Slip Opinion No: 2025 NY Slip Op 66085(U) |
| Decided on April 1, 2025 |
| 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., LINDLEY, CURRAN, BANNISTER, AND MONTOUR, JJ.
CA 25-00235
| KRISTOPHER W. WOLFE AND ANTHONY T. WOLFE,
PLAINTIFFS-APPELLANTS, V ANN C. KIRK, ALSO KNOWN AS ANN KIRK, DEFENDANT-RESPONDENT, ET AL., DEFENDANTS.
. |
Appellants having moved for a stay of enforcement of the order appealed pursuant to CPLR 5519 (c), CPLR 2201, and this Court's inherent authority to grant a stay on the appeal taken herein from an order of the Supreme Court, Steuben County, entered February 3, 2025,
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 a stay pursuant to CPLR 5519 (c) is denied on the ground that the order is self-executing and there are no proceedings necessary to enforce it (see Crumb v Rodgers, 234 AD2d 1015, 1015-1016 [4th Dept 1996]; see also Matter of Pickerell v Town of Huntington, 219 AD2d 24, 25 [2d Dept 1996]), and
It is further ORDERED that the motion insofar as it seeks a stay pursuant to CPLR 2201 is denied (see Rhodes v Mosher, 115 AD2d 351, 351 [4th Dept 1985]), and
It is further ORDERED that the motion is otherwise denied.
Entered: April 1, 2025
Ann Dillon Flynn
Clerk of the Court