Kew Gardens Sanitarium, Inc. v. Trussell

Appellate Division of the Supreme Court of New York

Kew Gardens Sanitarium, Inc. v. Trussell

19 A.D.2d 789, 1963 N.Y. App. Div. LEXIS 3238

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

DecidedSeptember 16, 1963

StatusPublished

This text of 19 A.D.2d 789 (Kew Gardens Sanitarium, Inc. v. Trussell) 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

Kew Gardens Sanitarium, Inc. v. Trussell, 19 A.D.2d 789, 1963 N.Y. App. Div. LEXIS 3238 (N.Y. Ct. App. 1963).

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Opinion

Motion by respondents pursuant to statute (CPLR, § 5519, subd. [c]) to vacate the automatic stay obtained by appellant pursuant to statute (Civ. Prac. Act, § 571; cf. CPLR, § 5519, subd. [a]) upon the service [790]*790of his notice of appeal to this court from a final order directing him to issue forthwith to respondent Ziviello a license to operate the Kew Gardens General Hospital as a private proprietary hospital. Motion granted and stay vacated to the extent of directing appellant to issue forthwith to respondent Ziviello a temporary hospital license to maintain and operate the Kew Gardens General Hospital as a private proprietary hospital, pending the determination of the appeal herein. On the court’s own motion, the appeal is ordered on the calendar for the November Term, beginning October 21, 1963, The record and appellant’s brief must be filed and served on or before October 11, 1963, Beldoek, P, J., Ughetta, Christ, Brennan and Hill, JJ., concur.

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Motion by respondents pursuant to statute (CPLR, § 5519, subd. [c]) to vacate the automatic stay obtained by appellant pursuant to statute (Civ. Prac. Act, § 571; cf. CPLR, § 5519, subd. [a]) upon the service [790]*790of his notice of appeal to this court from a final order directing him to issue forthwith to respondent Ziviello a license to operate the Kew Gardens General Hospital as a private proprietary hospital. Motion granted and stay vacated to the extent of directing appellant to issue forthwith to respondent Ziviello a temporary hospital license to maintain and operate the Kew Gardens General Hospital as a private proprietary hospital, pending the determination of the appeal herein. On the court’s own motion, the appeal is ordered on the calendar for the November Term, beginning October 21, 1963, The record and appellant’s brief must be filed and served on or before October 11, 1963, Beldoek, P, J., Ughetta, Christ, Brennan and Hill, JJ., concur.

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Bluebook (online)

19 A.D.2d 789, 1963 N.Y. App. Div. LEXIS 3238, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kew-gardens-sanitarium-inc-v-trussell-nyappdiv-1963.