Appellate Division of the Supreme Court of New York, 1976

SMC Employers Corp. v. Workmen's Compensation Board

SMC Employers Corp. v. Workmen's Compensation Board
Appellate Division of the Supreme Court of New York · Decided February 5, 1976
51 A.D.2d 693; 1976 N.Y. App. Div. LEXIS 11127
SMC Employers Corp. v. Workmen's Compensation Board

Opinion of the Court

Motion for a stay and for other relief dismissed, without prejudice to an application to the Court of Appeals. This motion which purports to be made pursuant to CPLR 5518 and 7805 is in reality an *694application to vacate the automatic stay provided for in CPLR 5519 (subd [a], par 1) and "only the court to which an appeal is taken may vacate, limit or modify” such stay. Concur—Markewich, J. P., Murphy, Capozzoli, Lane and Nunez, JJ.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.