Opinion
Motion No: #512595
08-04-2011
In the Matter of CAPITAL DISTRICT REGIONAL OFF-TRACK BETTING CORPORATION et al., Appellants, v. NEW YORK STATE RACING AND WAGERING BOARD et al., Respondents.
DECISION AND ORDER ON MOTION
Motion to declare that the automatic stay provisions of CPLR 5519 (a) (1) are available to petitioners, to vacate restraining notices and any other actions taken to enforce order of Supreme Court dated March 31, 2011 and judgments of Supreme Court dated May 25, 2011 or for stay pending appeals.
Cross motions to vacate statutory stay.
Upon the papers filed in support of the motion and the cross motions and the papers filed in opposition thereto, it is
ORDERED that the motion to declare that the automatic stay provisions of CPLR 5519 (a) (1) are available to petitioners and to vacate restraining notices and any other actions taken to enforce the order and judgments of Supreme Court is granted, without costs, and it is further
ORDERED that the cross motions to vacate the statutory stay are denied, without costs, and without prejudice to renewal in the event the appeals are not perfected on or before October 3, 2011, and it is further
ORDERED that the motion for a stay pending the appeals is denied, without costs, as academic.
MERCURE, J.P., PETERS, SPAIN, MALONE JR. and GARRY, JJ., concur.
ENTER:
Robert D. Mayberger
Clerk of the Court