Commissioner of New York State Office of Mental Health v. Village of Island Park

Appellate Division of the Supreme Court of New York

Commissioner of New York State Office of Mental Health v. Village of Island Park

186 A.D.2d 620, 588 N.Y.S.2d 602, 1992 N.Y. App. Div. LEXIS 11298

CourtAppellate Division of the Supreme Court of the State of New York

DecidedOctober 13, 1992

StatusPublished

This text of 186 A.D.2d 620 (Commissioner of New York State Office of Mental Health v. Village of Island Park) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Commissioner of New York State Office of Mental Health v. Village of Island Park, 186 A.D.2d 620, 588 N.Y.S.2d 602, 1992 N.Y. App. Div. LEXIS 11298 (N.Y. Ct. App. 1992).

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Opinion

— In consolidated actions for a judgment declaring Local Laws, 1991, No. 1 of the Village of Island Park invalid, the defendants appeal [621]*621from a judgment of the Supreme Court, Nassau County (Kohn, J.), dated April 3, 1992, which declared the law to be invalid.

Ordered that the judgment is affirmed, with costs.

The enactment of the local law, which, under certain circumstances, provided an automatic stay, inter alia, of the enforcement of the determination of an administrative body, is preempted by CPLR 7805, which grants the courts sole authorization to grant stays in these circumstances (see, Board of Educ. v Gulotta, 157 AD2d 642).

We have reviewed the Village’s remaining contentions and conclude that they are without merit. Thompson, J. P., Rosenblatt, Lawrence and Ritter, JJ., concur.

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— In consolidated actions for a judgment declaring Local Laws, 1991, No. 1 of the Village of Island Park invalid, the defendants appeal [621]*621from a judgment of the Supreme Court, Nassau County (Kohn, J.), dated April 3, 1992, which declared the law to be invalid.

Ordered that the judgment is affirmed, with costs.

The enactment of the local law, which, under certain circumstances, provided an automatic stay, inter alia, of the enforcement of the determination of an administrative body, is preempted by CPLR 7805, which grants the courts sole authorization to grant stays in these circumstances (see, Board of Educ. v Gulotta, 157 AD2d 642).

We have reviewed the Village’s remaining contentions and conclude that they are without merit. Thompson, J. P., Rosenblatt, Lawrence and Ritter, JJ., concur.

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186 A.D.2d 620, 588 N.Y.S.2d 602, 1992 N.Y. App. Div. LEXIS 11298, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commissioner-of-new-york-state-office-of-mental-health-v-village-of-island-nyappdiv-1992.

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