Majority
p. 1084Thomas C. Young, Deceased, by Lori J. Young, as Administratrix of His Estate, et al., Respondents, v State of New York, Appellant. [625 NYS2d 997]
—Motion to vacate automatic stay dismissed as unnecessary. Memorandum: The stay under CPLR 5519 (a) (1) stays only proceedings to enforce the order on appeal, not all proceedings. "CPLR 5519 does not * * * automatically stay a determination of the claimant’s damages” upon an appeal from a judgment on liability (Brock v State of New York, 97 Misc 2d 400 , 402; see also, Baker v Board of Educ., 152 AD2d 1014 ). Present—Pine, J. P., Lawton, Balio, Davis and Boehm, JJ.
Cases cited
- Brock v. State 97 Misc 2d 400 at 402 p. 1084