Appellate Division of the Supreme Court of the State of New York October 2, 1984 (Clark v. Cuomo)

lead-opinion

Motion to vacate statutory stay pursuant to CPLR 5519 (subd [c]) granted, without costs. Unlike the situation presented upon respondent’s prior motion to vacate the statutory stay, which motion was denied, a final judgment has now been rendered, after trial, adjudging that Executive Order No. 43 [9 NYCRR 4.43] is unconstitutional and enjoining appellants from implementing the order.