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McCain v. Koch

Court of Appeals of the State of New York
Jul 3, 1986
68 N.Y.2d 713 (N.Y. 1986)
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Summary

In McCain v Koch (68 N.Y.2d 713, 714) the Court of Appeals explained that there is no stay where a municipal party moves for permission to appeal from a nonfinal order of the Appellate Division "from which no appeal lies to this court."

Summary of this case from Plowden v. Manganiello
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Opinion

Submitted July 1, 1986

Decided July 3, 1986

Motion to vacate statutory stay denied as unnecessary upon the ground that CPLR 5519 (a) (1) does not operate to effect a stay where, as here, the appellants have filed an affidavit of intention to move for permission to appeal from a nonfinal order of the Appellate Division from which no appeal lies to this court.

Summaries of

McCain v. Koch

Court of Appeals of the State of New York
Jul 3, 1986
68 N.Y.2d 713 (N.Y. 1986)

In McCain v Koch (68 N.Y.2d 713, 714) the Court of Appeals explained that there is no stay where a municipal party moves for permission to appeal from a nonfinal order of the Appellate Division "from which no appeal lies to this court."

Summary of this case from Plowden v. Manganiello
Case details for

McCain v. Koch

Case Details

Full title:YVONNE McCAIN et al., on Behalf of Themselves and Their Children and All…

Court:Court of Appeals of the State of New York

Date published: Jul 3, 1986

Citations

68 N.Y.2d 713 (N.Y. 1986)

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