The issue before the court is whether defendant is entitled to an automatic stay pursuant to CPLR 5519 (a) (1). That section provides "[s]ervice upon the adverse party of a notice of appeal * * * stays all proceedings to enforce the judgment or order appealed from pending the appeal * * * where * * * the appellant * * * is * * * any political subdivision of the state." (Emphasis added.) The court previously granted a motion by...
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