Shambach v. Shambach
168 N.Y.S.2d 935
| N.Y. App. Div. | 1957

Motion to vacate stay granted at Special Term. On reargument we construe the stay in the order of the Special Term of July 31, signed October 9, 1957, as an order granted on notice and containing the ex parte stay of February 23. The outstanding stay is presently not ex parte and relief from its terms in this court must be pursued by appeal and not by motion. Foster, P. J., Bergan, Halpern and Gibson, JJ., concur. [See ante, p. 996.]