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SUMMERVILLE v. CITY OF NY

97 N.Y.2d 427 (2002)

767 N.E.2d 140

740 N.Y.S.2d 683

JAMES SUMMERVILLE, Respondent, v. CITY OF NEW YORK, Appellant.

Court of Appeals of the State of New York.

Decided March 19, 2002.

Attorney(s) appearing for the Case

Michael A. Cardozo, Corporation Counsel, New York City (John Hogrogian, Francis F. Caputo, Stephen J. McGrath and Pamela Seider Dolgow of counsel), for appellant.

Schneider, Kleinick, Weitz, Damashek & Shoot, New York City (Brian J. Shoot and Diane Welch Bando of counsel), for respondent.

Eliot Spitzer, Attorney General, Albany (Victor Paladino, Caitlin Halligan and Daniel Smirlock of counsel), for State of New York, amicus curiae.

Pollack, Pollack, Isaac & DeCicco, New York City (Brian J. Isaac of counsel), and Hugh W. Campbell for New York State Trial Lawyers Association, amicus curiae.

Chief Judge KAYE and Judges SMITH, CIPARICK, WESLEY, ROSENBLATT and GRAFFEO concur.

OPINION OF THE COURT

LEVINE, J.

CPLR 5519 consolidates all of the provisions of the State's civil procedure code regarding stays pending appeal. This appeal requires us to address the interplay between two subdivisions of CPLR 5519—CPLR 5519 (a) and (e). CPLR 5519 (a) (1) grants an automatic stay to the State, and its political subdivisions, their agencies and officers, pending an appeal from a judgment or order. CPLR 5519 (e) provides that a stay...

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