Opinion
2013-03921 Index No. 8193/12 M155205
04-24-2013
Incorporated Village of Muttontown, respondent, v. Bernard D. Ryba, et al., appellants.
, J.P.
L. PRISCILLA HALL
SHERI S. ROMAN
SYLVIA HINDS-RADIX, JJ.
DECISION & ORDER ON MOTION
Motion by the respondent pursuant to CPLR 5519(c) to vacate an automatic stay imposed pursuant to CPLR 5519(a)(1), pending hearing and determination of an appeal from an order of the Supreme Court, Nassau County, entered February 25, 2013.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied as unnecessary as no automatic stay is in effect (see Matter of Pokoik v Department of Health Servs. of County of Suffolk, 220 AD2d 13).
ANGIOLILLO, J.P., HALL, ROMAN and HINDS-RADIX, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court