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POKOIK v. HEALTH SERVS.

220 A.D.2d 13 (1996)

641 N.Y.S.2d 881

In the Matter of Lee Pokoik, Respondent-Appellant, v. Department of Health Services of County of Suffolk et al., Appellants-Respondents, et al., Respondents

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

May 1, 1996

Attorney(s) appearing for the Case

Siben & Siben, South Huntington (Maxwell D. Weinstein of counsel), for respondent-appellant.

Robert J. Cimino, County Attorney of Suffolk County, Hauppauge (Derrick J. Robinson of counsel), for Department of Health Services, County of Suffolk, appellant-respondent.

Smith, Finkelstein, Lundberg, Isler & Yakaboski, Riverhead (Frank A. Isler of counsel), for Incorporated Village of Ocean Beach, appellant-respondent.

MANGANO, P. J., BRACKEN, ROSENBLATT, O'BRIEN and THOMPSON, JJ., concur.

Per Curiam.

This motion presents issues relating to the scope of the stay afforded by CPLR 5519 (a) (1) which states in relevant part that "[s]ervice upon the adverse party of a notice of appeal or an affidavit of intention to move for permission to appeal stays all proceedings to enforce the judgment or order appealed from pending the appeal or determination on the motion for permission to appeal where: 1. the appellant...

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