Upon motion of respondent and pursuant to CPLR 5519 (subd [c]), the order of Special Term made and entered on March 4, 1977, granting a stay pending appeal, is hereby vacated, without costs. In view of the facts and circumstances presented, it was improper to grant the stay upon telephone notice without affording respondent an opportunity to be heard in opposition as requested (cf. CPLR 2214, 6311, 6313, subd [a]; Rosen v Rosen,
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TOWN OF PLATTEKILL v. DUTCHESS SANITATION, INC.
56 A.D.2d 951 (1977)
Town of Plattekill, by Its Supervisor, Dominick Ferrante, Respondent, v. Dutchess Sanitation, Inc., Appellant
Appellate Division of the Supreme Court of the State of New York, Third Department.https://leagle.com/images/logo.png
March 23, 1977
March 23, 1977
Appellate Division of the Supreme Court of the State of New York, Third Department.
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