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YOUNG v. STATE

213 A.D.2d 1084 (1995)

625 N.Y.S.2d 997

Thomas C. Young, Deceased, by Lori J. Young, as Administratrix of His Estate, et al., Respondents, v. State of New York, Appellant

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

March 17, 1995

Motion to vacate automatic stay dismissed as unnecessary.

Memorandum:

The stay under CPLR 5519 (a) (1) stays only proceedings to enforce the order on appeal, not all proceedings. "CPLR 5519 does not * * * automatically stay a determination of the claimant's damages" upon an appeal from a judgment on liability (Brock v State of New York, 97 Misc.2d 400, 402; see also, Baker v Board of Educ.,

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