Opinion
Motion Nos. 2023-00560 2023-01364 Index No. 85075/2022
11-01-2023
In the Matter of Frank Schimenti, respondent, v. City of New York, et al., appellants.
Unpublished Opinion
MOTION DECISION
M291981
CHERYL E. CHAMBERS, J.P. LINDA CHRISTOPHER HELEN VOUTSINAS LAURENCE L. LOVE, JJ.
DECISION & ORDER ON MOTION
Appeals from an order of the Supreme Court, Richmond County, dated December 14, 2022, and an order and judgment (one paper) of the same court dated January 23, 2023, respectively. Motion by the respondent, inter alia, in effect, pursuant to CPLR 5519(c) to vacate any automatic stay of so much of the order and judgment as reinstated the respondent's employment and awarded the respondent back pay.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is, in effect, pursuant to CPLR 5519(c) to vacate any automatic stay of so much of the order and judgment as reinstated the respondent's employment and awarded the respondent back pay is denied as unnecessary as there is no automatic stay pursuant to CPLR 5519(a) in effect, and the motion is otherwise denied.
CHAMBERS, J.P., CHRISTOPHER, VOUTSINAS and LOVE, JJ., concur.