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Albany Port District Commission v. Edward B. Fitzpatrick Jr. Construction Co.

115 A.D.2d 898 Court N.Y. App. Div. Decision date 1985-12-19 English

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p. 898
In the Matter of the Albany Port District Commission, Appellant, v Edward B. Fitzpatrick Jr. Construction Co., Inc., Respondent.

Motion denied, without costs. Petitioner is entitled to a stay pending appeal of enforcement of the order of Special Term dated August 4, 1985 pursuant to CPLR 5519 (a) (1). Accordingly, it is the opinion of this court that the arbitration proceeding in this matter is stayed pending appeal. Mahoney, P. J., Kane, Main, Casey and Weiss, JJ., concur.