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Fassl v. New York State Department of Taxation & Finance

159 A.D.2d 1029, 552 N.Y.S.2d 464, 1990 N.Y. App. Div. LEXIS 3435
CourtAppellate Division of the Supreme Court of the State of New York
DecidedMarch 16, 1990
StatusPublished

This text of 159 A.D.2d 1029 (Fassl v. New York State Department of Taxation & Finance) 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.

Bluebook
Fassl v. New York State Department of Taxation & Finance, 159 A.D.2d 1029, 552 N.Y.S.2d 464, 1990 N.Y. App. Div. LEXIS 3435 (N.Y. Ct. App. 1990).

Opinion

Motion to vacate automatic stay denied. Memorandum: The motion to vacate the supposed automatic stay is denied as unnecessary. The filing of an appeal by the defendant from the order denying defendant’s motion to dismiss the complaint does not preclude Supreme Court from hearing and determining plaintiffs’ motion in the action for class certification. Plaintiffs’ motion is not a "proceeding] to enforce the order or judgment appealed from” (CPLR 5519 [a]; see, Spillman v City of Rochester, 132 AD2d 1008; Dublanica v Rome Hospital/Murphy Mem. Hosp., 126 AD2d 977, Iv denied 70 NY2d 605; Matter of [1030]*1030Gordon v Town of Esopus, 107 AD2d 114). Present — Callahan, J. P., Doerr, Denman, Boomer and Pine, JJ.

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Related

Gordon v. Town of Esopus
107 A.D.2d 114 (Appellate Division of the Supreme Court of New York, 1985)
Dublanica v. Rome Hospital/Murphy Memorial Hospital
126 A.D.2d 977 (Appellate Division of the Supreme Court of New York, 1987)
Spillman v. City of Rochester
132 A.D.2d 1008 (Appellate Division of the Supreme Court of New York, 1987)

Cite This Page — Counsel Stack

Bluebook (online)
159 A.D.2d 1029, 552 N.Y.S.2d 464, 1990 N.Y. App. Div. LEXIS 3435, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fassl-v-new-york-state-department-of-taxation-finance-nyappdiv-1990.