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DeLURY v. CITY OF N.Y.

48 A.D.2d 405 (1975)

John DeLury, as President of The Uniformed Sanitationmen's Association, Local 831, I.B.T., et al., Respondents, v. City of New York et al., Appellants

Appellate Division of the Supreme Court of the State of New York, First Department.

June 30, 1975

Attorney(s) appearing for the Case

Stanley Buchsbaum of counsel (W. Bernard Richland, Corporation Counsel), for appellants.

Charles G. Moerdler of counsel (Stroock & Stroock & Lavan, attorneys), for respondents.

STEVENS, P. J., MARKEWICH and LUPIANO, JJ., concur in Per Curiam opinion; KUPFERMAN and MURPHY, JJ., dissent in separate opinions.

Per Curiam.

Motion to vacate statutory stay of temporary injunction denied, without costs, conditioned upon perfection of the appeal from the order of injunction no later than July 7, 1975, with argument at 10 o'clock the following morning.

The statute providing for a stay (CPLR 5519, subd [a], par 1) expresses a public policy designed to protect a "political subdivision of the state," and such a stay is not lightly to be vacated. A reasonable probability...

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