‘Stay’ for Awhile: CPLR 5519(c) Stay Applications in the First Department

August 27, 2012

The focus of this article is applications to the Appellate Division, First Department, pursuant to CPLR 5519(c), for a stay of enforcement of a judgment or order pending an appeal from the judgment or order when a stay is not automatically granted pursuant to the provisions of CPLR 5519(a) or (b). More particularly, we will focus on what is nearly always the first step in the process: an “emergency” application to a single justice—who is called the “duty judge” in the First Department—for an interim stay of enforcement of the judgment or order at issue.

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