Sportsmen's Tavern LLC v. N.Y. State Liquor Auth.

Full title: SPORTSMEN'S TAVERN LLC, PETITIONER-RESPONDENT, v. NEW YORK STATE LIQUOR…

Court: Appellate Division of the Supreme Court of the State of New York

Date published: Dec 9, 2020

2020 N.Y. Slip Op. 75827 (N.Y. App. Div. 2020)

Opinion

CA 20-01360

12-09-2020

SPORTSMEN'S TAVERN LLC, PETITIONER-RESPONDENT, v. NEW YORK STATE LIQUOR AUTHORITY, RESPONDENT-APPELLANT.

WHALEN, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.

PRESENT:

Appellant having moved for an order declaring that the automatic stay under CPLR 5519 (a) (1) applies to the order and judgment of the Supreme Court, Erie County, entered October 15, 2020, or, alternatively, granting a discretionary stay pending appeal pursuant to CPLR 5519 (c),

Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is denied (see Wilkinson v Sukiennik, 120 AD2d 989, 989 [4th Dept 1986]; Matter of Pokoik v Dept. of Health Services of County of Suffolk, 220 AD2d 13, 17 [2d Dept 1996]; State of New York v Town of Haverstraw, 219 AD2d 64, 66 [2d Dept 1996]).

Entered: December 9, 2020

Mark W. Bennett

Clerk of the Court