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McCAIN v. KOCH

68 N.Y.2d 713 (1986)

Yvonne McCain et al., on Behalf of Themselves and Their Children and All Others Similarly Situated, Respondents, and Linda James et al., on Behalf of Themselves and Their Children and All Others Similarly Situated, Intervenors-Respondents, v. Edward I. Koch, as Mayor of the City of New York, et al., Appellants, et al., Defendant.

Court of Appeals of the State of New York.

Decided July 3, 1986.

Motion to vacate statutory stay denied as unnecessary upon the ground that CPLR 5519 (a) (1) does not operate to effect a stay where, as here, the appellants have filed an affidavit of intention to move for permission to appeal from a nonfinal order of the Appellate Division from which no appeal lies...

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