Stay of Proceeding and of enforcement CPLR; 2201 and 5519(a)
I filed a motion pursuant to the subject and was denied even when the law states that its a automatic stay of all proceeding without a court order what can I do ?
Re: Stay of Proceeding and of enforcement CPLR; 2201 and 5519(a)
There's nothing in 2201 about automatic stays, and you're obviously not a governmental entity, so you sre operating under 5519's provisions that require either depositing the res with the court or filing an undertaking.
Do you understand that the undertaking in this context refers to a bond with a surety company guarantee or two freeholders who have liquid assets equal at least to double the amount of the judgment? If you moved in the trial court for the stay after filing the undertaking, then take it up to the appellate court on an expedited motion. If the appellate court denied your motion and the court is the Appellate Division, your appeals are at an end, because the motion denying the stay is not within the jurisdiction of the Court of Appeals. If you were in front of the Appellate Term, then as in the first instance, bring on an expedited motion for a TRO pending appeal in the Appellate Division.
And if you do not have a qualified surety on the bond, you need to get one or move under a different section for a stay.
