CHURCH MUTUAL INSURANCE COMPANY v. Kingdom Evangelism Ministries, Inc., Scott Kear (President), Appellants, et al., Respondent. (1998)

 County Court erred in denying the motion of Kingdom Evangelism Ministries, Inc., and Scott Kear, its president (respondents), to vacate an order staying execution of an order of Buffalo City Court and restraining respondents from selling, transferring, mortgaging or otherwise encumbering their property at 341 Delaware Avenue in the City of Buffalo.   Petitioner's application for a stay of the City Court order was improperly granted in the first instance.   That application should have been made to Buffalo City Court (see, Spanro Indus. v. Feit, 42 A.D.2d 616, 345 N.Y.S.2d 134;  Thorne v. Thorne, 203 App.Div. 786, 787, 197 N.Y.S. 377;  see also, Matter of Modernismo Publs. v. Tenney, 104 A.D.2d 721, 480 N.Y.S.2d 657;  Safier v. Cohl, 95 A.D.2d 933, 934, 463 N.Y.S.2d 937).   Injunctive relief was also improperly granted against respondents in the first instance.   There is no pending action to support that relief (see, CPLR 6301;  Uniformed Firefighters Assn. of Greater N.Y. v. City of New York, 79 N.Y.2d 236, 239, 581 N.Y.S.2d 734, 590 N.E.2d 719;  Tribune Print. Co. v. 263 Ninth Ave. Realty, 88 A.D.2d 877, 879, 452 N.Y.S.2d 590, affd. 57 N.Y.2d 1038, 457 N.Y.S.2d 785, 444 N.E.2d 35).

Order unanimously reversed on the law with costs, motion granted and order vacated.

MEMORANDUM: