Baker v. Board of Education of West Irondequoit School District

Motion insofar as it requests dismissal of appeal granted unless appellants’ records and briefs are filed and served on or before August 25, 1989; insofar as it requests the automatic stay be vacated, the motion is denied as unnecessary. Memorandum: Neither a discretionary stay nor an automatic stay under CPLR 5519 stays all proceedings in the action; it stays only proceedings to enforce the order or judgment appealed from (see, Rhodes v Mosher, 115 AD2d 351, followed in Epping v County of Monroe, 151 AD2d 1049; Matter of Gordon v Town of Esopus, 107 AD2d 114, 115, Iv denied 65 NY2d 609). The order here appealed from denied defendant’s motion for summary judgment. The trial of the action is not a proceeding to enforce that order; hence, the filing of the notice of appeal by the school district did not effect an automatic stay of the trial under CPLR 5519 (a) (1). Present — Callahan, J. P., Doerr, Boomer, Green and Lawton, JJ.