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MATTER OF SERTH v. NEW YORK STATE DEP'T OF TRANSP.

77 A.D.2d 957 (1980)

In the Matter of Debora E. Serth, Respondent, v. New York State Department of Transportation, Appellant, and New York State Department of Civil Service, Respondent

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

August 8, 1980

In our opinion, the motion should be denied. Initially, it is clear that the statutory stay (CPLR 5519, subd [a], par 1) expresses a public policy designed to protect the State during the pendency of an appeal and, accordingly, is not lightly to be vacated (De Lury v City of New York, 48 A.D.2d 405). In the instant case, even if it is assumed that the appointments in question were improperly made, appellant's appeal still presents...

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