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LANCASTER v. KINDOR

64 N.Y.2d 1013 (1985)

Mia Lancaster, Appellant-Respondent, v. Tyrone Kindor, Respondent-Appellant.

Court of Appeals of the State of New York.

Decided March 28, 1985.

Motion to dismiss defendant's cross appeal denied. The Appellate Division's June 7, 1984 orders vacated the prior stay granted by Supreme Court pursuant to CPLR 5519 (c) and validly conditioned a stay pending appeal to this court on the posting of a bond. Defendant's failure to post the bond does not, however, deprive this court of jurisdiction over his appeal. Defendant's papers submitted in opposition to the motion are treated as an application pursuant to CPLR 5519 (c...

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