Stephen A. Rhodes, Respondent,
Carol G. Mosher et al., Appellants
Appellate Division of the Supreme Court of the State of New York, Fourth Department.
November 15, 1985
Rhodes v. Mosher
115 A.D.2d 351 (1985)
Present â€” Dillon, P. J., Callahan, Denman, Boomer and Schnepp, JJ.
Motion for stay denied.
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).
The case of Rhodes v. Mosher is provided as part of a free educational service by J. Douglas Barics, attorney at law, for reference only. Cases such as Rhodes v. Mosher may be overruled by subsequent decisions, different judicial departments may have different controlling case law, and the level of the court deciding each case will determine whether it is controlling law or not. Rhodes v. Mosher is presented here to help illustrate how the law works in general, but for specific legal matters, an attorney should be consulted.