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FASSL v. NEW YORK STATE DEP'T OF TAXATION & FIN.

159 A.D.2d 1029 (1990)

Laverne Fassl et al., Respondents, v. New York State Department of Taxation and Finance, Appellant

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

March 16, 1990

Motion to vacate automatic stay denied.

Memorandum:

The motion to vacate the supposed automatic stay is denied as unnecessary. The filing of an appeal by the defendant from the order denying defendant's motion to dismiss the complaint does not preclude Supreme Court from hearing and determining plaintiffs' motion in the action for class certification. Plaintiffs' motion is not a "proceedin[g] to enforce the order or judgment appealed from" (CPLR 5519 [a];...

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