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Mi-Ann Theatre of Staten Island Corp. v. 25 Hyatt Street Realty Corp.

Appellate Division of the Supreme Court of New York, Second Department
Nov 28, 1975
50 A.D.2d 613 (N.Y. App. Div. 1975)

Opinion

November 28, 1975


Appeal by plaintiff from an order of the Supreme Court, Nassau County, entered November 14, 1975, which (1) granted an oral motion by David J. Paully, defendant's attorney, to be relieved from serving as such attorney and (2) directed that all proceedings, including settlement of an order upon a decision by Special Term dated November 12, 1975, are stayed from November 14, 1975 to December 1, 1975. On the argument of the appeal respondent applied for an adjournment of the appeal. That application was and herein is denied. The order appealed from is modified by striking therefrom the second decretal paragraph, which imposed the stay, and the order, as so modified, is affirmed, with $50 costs and disbursements to appellant. In our opinion, the Justice at Special Term who made the order impermissibly usurped, in imposing the stay, the position of a Justice of co-ordinate jurisdiction. Rabin, Acting P.J., Latham, Cohalan, Brennan and Munder, JJ., concur.


Summaries of

Mi-Ann Theatre of Staten Island Corp. v. 25 Hyatt Street Realty Corp.

Appellate Division of the Supreme Court of New York, Second Department
Nov 28, 1975
50 A.D.2d 613 (N.Y. App. Div. 1975)
Case details for

Mi-Ann Theatre of Staten Island Corp. v. 25 Hyatt Street Realty Corp.

Case Details

Full title:MI-ANN THEATRE OF STATEN ISLAND CORP., Appellant, v. 25 HYATT STREET…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Nov 28, 1975

Citations

50 A.D.2d 613 (N.Y. App. Div. 1975)