¶1— Motion by State for order declaring the existence of statutory stay of all proceedings pursuant to CPLR 5519 (subd. [a], par. 1) or, in the alternative, for stay pursuant to CPLR 5519 (subd. [c]). The motion for a stay pursuant to CPLR 5519 (subd. [c]) is denied, without costs. With respect to the statutory stay, we are of the opinion that the filing of a notice of appeal from the order entered March 8, 1973 did not effect an automatic stay of the trial of the claim. Staley, Jr., J. P., Cooke, Sweeney, Kane and Main, JJ., concur.
42 A.D.2d 694
Robey v. State
Appellate Division of the Supreme Court of the State of New York
Decided March 21, 1973
Appellate Division of the Supreme Court of the State of New York · decided 1973-03-21
Decided 1973-03-21