Opinion
March 17, 1995
Present — Pine, J.P., Lawton, Balio, Davis and Boehm, JJ.
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 A.D.2d 1014).