COMM'R OF NEW YORK STATE OFFICE OF MENTAL HEALTH v. VILL. OF ISLAND PARK


186 A.D.2d 620 (1992)

Commissioner of New York State Office of Mental Health et al., Respondents, v. Village of Island Park, Appellant. (Action No. 1.) Commissioner of New York State Office of Mental Health et al., Respondents, v. Village of Island Park et al., Appellants. (Action No. 2.)

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

October 13, 1992


Ordered that the judgment is affirmed, with costs.

The enactment of the local law, which, under certain circumstances, provided an automatic stay, inter alia, of the enforcement of the determination of an administrative body, is preempted by CPLR 7805, which grants the courts sole authorization to grant stays in these circumstances (see, Board of Educ. v Gulotta, 157 A.D.2d 642

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