Horton v. Thomas McNally Co.

153 A.D. 905, 137 N.Y.S. 1123

Opinion

Without considering the merits of the controversy or the validity of the order appealed from, but solely in view of the intense personal hostility between- the receivers, disclosed by the papers, we think the progress of the important public work involved will be expedited by a denial of the stay asked for pending the hearing and determination of the appeal. The motion is, therefore, denied, without costs, and the temporary stay vacated, but without prejudice to a renewal of the motion should a speedy hearing of the appeal be unduly delayed by the respondents. Jenks, P. J., Hirschberg, Burr, Thomas and Carr, JJ., concurred.