White v. City of Jamestown

Appellate Division of the Supreme Court of New York

White v. City of Jamestown

242 A.D.2d 979, 664 N.Y.S.2d 697, 1997 N.Y. App. Div. LEXIS 10664

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

DecidedSeptember 30, 1997

StatusPublished

Cited by1 cases

This text of 242 A.D.2d 979 (White v. City of Jamestown) 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

White v. City of Jamestown, 242 A.D.2d 979, 664 N.Y.S.2d 697, 1997 N.Y. App. Div. LEXIS 10664 (N.Y. Ct. App. 1997).

Pincite

Opinion

Motion for permission to appeal granted; motion otherwise denied. Memorandum: To the extent that the order of Supreme Court is not appealable as of right (see, CPLR 5701 [b] [1]), we grant the motion for permission to appeal (see, CPLR 5701 [c]). The stay obtained pursuant to CPLR 5519 (a) (1) stays only proceedings to enforce an order, and a trial is not a proceeding to enforce an order (see, Baker v Board of Educ., 152 AD2d 1014). That the order, as an incident to other relief, directs the parties to proceed to trial does not make the trial a proceeding to enforce the order. To the extent that Matter of Pickerell v Town of Huntingon (219 AD2d 24) holds otherwise, we decline to follow it. The motion to expedite the appeal is premature (see, 22 NYCRR 1000.10 [d]; 1000.13 [m]). Present—Pine, J. P., Law-ton, Hayes, Wisner and Boehm, JJ.

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Motion for permission to appeal granted; motion otherwise denied. Memorandum: To the extent that the order of Supreme Court is not appealable as of right (see, CPLR 5701 [b] [1]), we grant the motion for permission to appeal (see, CPLR 5701 [c]). The stay obtained pursuant to CPLR 5519 (a) (1) stays only proceedings to enforce an order, and a trial is not a proceeding to enforce an order (see, Baker v Board of Educ., 152 AD2d 1014). That the order, as an incident to other relief, directs the parties to proceed to trial does not make the trial a proceeding to enforce the order. To the extent that Matter of Pickerell v Town of Huntingon (219 AD2d 24) holds otherwise, we decline to follow it. The motion to expedite the appeal is premature (see, 22 NYCRR 1000.10 [d]; 1000.13 [m]). Present—Pine, J. P., Law-ton, Hayes, Wisner and Boehm, JJ.

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Bluebook (online)

242 A.D.2d 979, 664 N.Y.S.2d 697, 1997 N.Y. App. Div. LEXIS 10664, Counsel Stack Legal Research, https://law.counselstack.com/opinion/white-v-city-of-jamestown-nyappdiv-1997.

Opinion

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