appeal stage the same powers that the supreme court has during the action's pretrial and trial
stage.
See, e.g., Humane Soc. of U.S.
v.
County of Monroe,
192 A.D.2d 1139 (4th Dep't 1993)
(vacating preliminary injunction pursuant to CPLR 5518 because plaintiff failed to showlikelihood of success on the merits);
Broadvvall America, Inc.
v.
Bram Will-El LLC,
821
N.Y.S.2d 190, 191 (1st Dep't 2006) (interim relief granted under CPLR 5518 pending applicationfor stay pending appeal). Moreover, under CPLR 5519(a)(1), a stay of all proceedings to enforcea judgment is automatic when the appellant is an officer of the state, and under CPLR 5519(c),the court to which an appeal is taken may stay all proceedings to enforce the order appealed
from.
An application to the Appellate Division for relief pending resolution of an appeal under
CPLR 5518 will be reviewed
de novo,
using the same standards as applied by the Supreme Court
in respect of the original order.
See Romano v. Sullivan County Harness Racing Assn, Inc.,
106
A.D.2d 819 (3d Dep't 1984);
see also Humane Soc. of US. v. County of Monroe,
192 A.D.2d
1139 (4th Dep't 1993) (vacating preliminary injunction pursuant to CPLR 5518 because plaintifffailed to show likelihood of success on the merits). On an application for an order pendingappeal in respect of a preliminary injunction, this Court asks whether there is a reasonableprobability of success on appeal and whether plaintiff has demonstrated irreparable injury.
Romano,
106 A.D.2d at 820.
Courts will order a stay of a trial court's order under 5519(c) pending resolution of an
appeal to preserve the status quo or where to do so would be in the public interest".
Town of
Orangetow
n
v. Magee,
218 A.D.2d 733 (2d Dep't 1995) (ordering a stay of enforcement of trialcourt and appellate court orders pursuant to CPLR 5519(c) pending determination of the appeal
to the COurt of Appeals);
Russell v. New
York
City Housing
Authority,
608 N.Y.S2d 592 (N.Y.
2
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