Opinion
CA 21-00234
03-10-2021
PRESENT:
Appellant having moved for a stay of all proceedings to enforce an order of the Supreme Court, Erie County, entered January 15, 2021, pending the hearing and determination of the appeal taken herein, and for other relief,
Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is denied.
Memorandum: "Because appellant can obtain an automatic stay [of the executory portions of the order]. . ., a discretionary stay is not available pursuant to CPLR 5519 (c)" (Sullivan v Troser Mgt., Inc., 30 AD3d 1118 [4th Dept 2006]; see e.g. CPLR 5519 [a] [6]). In addition, no stay is available with respect to the provisions of the order that are self-executing (see State v Town of Haverstraw, 219 AD2d 64, 65 [2d Dept 1996]).
Entered: March 10, 2021
Mark W. Bennett
Clerk of the Court