Summary
In McCain v Koch (68 N.Y.2d 713, 714) the Court of Appeals explained that there is no stay where a municipal party moves for permission to appeal from a nonfinal order of the Appellate Division "from which no appeal lies to this court."
Summary of this case from Plowden v. ManganielloOpinion
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 order of the Appellate Division from which no appeal lies to this court.