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Stay Of Article 78 Order. Enforcement of Order?

Massapequa, NY |

I won an article 78 against town of oyster Bay. The order states they have until may 14, 2014 to allow me to review documents. The town entered the judgment and filed a notice of appeal. Does this give them an automatic stay pursuant to cplr 5519 (a)? If they don't comply can I hold them in contempt? Thanks

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Attorney answers 4

Posted

You should schedule a consultation with an attorney to evaluate your case and discuss your options.

Asker

Posted

your a dick leaving an post like that. if u don't want to answer don't.

Posted

More information is needed. I suggest your question is too complex to answer on a public Q&A site like avvo without reviewing the decision and order as well as the notice of appeal.. Confer with and engage an experienced New York appeals lawyer to help you understand your rights under the Article 78 order and to hold appellant fully accountable. You will also need to oppose the appeal.

This answer is provided for information purposes only. It should not be relied upon as legal advice which can only be offered to clients in an office consultation setting when all the facts and circumstances can be fully considered and reviewed.

Posted

On its face CPLR 5519(a)(1) confers an automatic stay, but there are some nuances beyond the scope of this free forum. The town will likely take the position that they have an automatic stay.

I am not your attorney and any posts/messages or responses to posts/messages can not and do not establish an attorney-client relationship. You should not rely upon free legal advice, and I disclaim any liability for the outcome if you do. Any opinions offered on matters outside New York State are for general informational purposes only.

Posted

Dear Petitioner:

The CPLR 5519 (a) stay is automatic when a the State or or a local government serves a notice of appeal.

">>>(a) Stay without court order. Service upon the adverse party of a notice of appeal or an affidavit of intention to move for permission to appeal stays all proceedings to enforce the judgment or order appealed from pending the appeal or determination on the motion for permission to appeal where: 1. the appellant or moving party is the state or any political subdivision of the state or any officer or agency of the state or of any political subdivision of the state>>>" -

See more at: http://codes.lp.findlaw.com/nycode/CVP/55/5519#sthash.xsHqfTLP.dpuf

The impact of the automatic stay is dramatic, because the stay is effective on service of the notice of appeal. You should contact the clerk of the Appellate Division Second Department. You may have a right to a conference to discuss the appeal (the built in six month delay in prosecuting the appeal may leave you without an effective remedy if you needed the documents to proceed to enforce a right and you cannot delay)

You may start learning about the appellate procedure and the court's rules at:

http://www.courts.state.ny.us/courts/ad2/faqs.shtml

The answer provided to you is in the nature of general information. The general proposition being that you should try to avoid a bad outcome if you can.

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