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Rhodes v. Mosher

Appellate Division of the Supreme Court of New York, Fourth Department
Nov 15, 1985
115 A.D.2d 351 (N.Y. App. Div. 1985)

Opinion

November 15, 1985

Present — Dillon, P.J., Callahan, Denman, Boomer and Schnepp, JJ.


Motion for stay denied. Memorandum: Plaintiff moves "for an order pursuant to CPLR 5519 (c) and 2201 staying further proceedings in the Supreme Court * * * pending resolution of this appeal." The motion is not properly brought under CPLR 5519 since that section concerns stays of "proceedings to enforce the judgment or order appealed from" (CPLR 5519 [a]). An application for a stay of proceedings is properly brought under CPLR 2201. In this case, therefore, we deny the motion without prejudice to apply to "the court in which [the] action is pending" (CPLR 2201).


Summaries of

Rhodes v. Mosher

Appellate Division of the Supreme Court of New York, Fourth Department
Nov 15, 1985
115 A.D.2d 351 (N.Y. App. Div. 1985)
Case details for

Rhodes v. Mosher

Case Details

Full title:STEPHEN A. RHODES, Respondent, v. CAROL G. MOSHER et al., Appellants

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Nov 15, 1985

Citations

115 A.D.2d 351 (N.Y. App. Div. 1985)

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