Full text
Thomas C. Young, by Lori J. Young, as Administratrix of His Estate v. State of New York
—Motion to vacate automatic stay dismissed as unnecessary. Memorandum: The stay under CPLR 5519 (a) (1) stays only proceedings to enforce the order on appeal, not all proceedings. "CPLR 5519 does not * * * automatically stay a determination of the claimant’s damages” upon an appeal from a judgment on liability (Brock v State of New York, 97 Misc 2d 400, 402; see also, Baker v Board of Educ., 152 AD2d 1014). Present—Pine, J. P., Lawton, Balio, Davis and Boehm, JJ.