Hyperlawhypertext legal database McCain v. Koch 68 N.Y.2d 713

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McCain v. Koch

68 N.Y.2d 713 Court N.Y. Decision date 1986-07-03 English

Contents

Majority

p. 713
Yvonne McCain et al., on Behalf of Themselves and Their Children and All Others Similarly Situated, Respondents, and Linda James et al., on Behalf of Themselves and Their Children and All Others Similarly Situated, Intervenors-Respondents, v Edward I. Koch, as Mayor of the City of New York, et al., Appellants, et al., Defendant.
Submitted July 1, 1986;
decided July 3, 1986

Motion to vacate statutory stay denied as unnecessary upon the ground that CPLR 5519 (a) (1) does not operate to effect a stay where, as here, the appellants have filed an affidavit of intention to move for permission to appeal from a nonfinal

p. 714
order of the Appellate Division from which no appeal lies to this court.