Z&S Partner Dan Richmond secured a Decision denying preliminary injunctive relief aimed at stopping a client’s construction of a mikvah project pending appeal. The Honorable Robert M. Berliner of the Rockland County Supreme Court held that once a lower Court dismisses an Article 78 proceeding, it no longer has jurisdiction to issue injunctive relief. While CPLR Section 5519(c) establishes that “[t]he court from or to which an appeal is taken or the court of original instance may stay all proceedings to enforce the judgment or order appealed from” pending an appeal, the Court agreed with Z&S that once a proceeding has been dismissed, “[t]here are no proceedings at issue [] to ‘enforce.’” The case is Tyler et al. v. Ramapo, et al., Index No. 033738/2021 (Sup. Ct. Rockland Cnty.) (Berliner, J.). A copy of the Decision and Order can be found here.
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Zarin & Steinmetz formulates creative and pragmatic solutions to resolve matters and achieve results. We treat each matter with passion and urgency, always striving to remain at least one step ahead. We take the time to get to know our clients and their objectives, so that we can provide legal guidance and insightful advocacy with the hands-on personal service expected of a boutique firm.
