WHITE 1054 1054 v. County of Chautauqua and Andrew W. Goodell, County Executive, Appellants. (1997)

 To the extent that the order of Supreme Court is not appealable as of right (see, CPLR 5701[b][1] ), we grant the motion for permission to appeal (see, CPLR 5701[c] ).  The stay obtained pursuant to CPLR 5519(a)(1) stays only proceedings to enforce an order, and a trial is not a proceeding to enforce an order (see, Baker v. Board of Educ., 152 A.D.2d 1014, 544 N.Y.S.2d 258).   That the order, as an incident to other relief, directs the parties to proceed to trial does not make the trial a proceeding to enforce the order.   To the extent that Matter of Pickerell v. Town of Huntington, 219 A.D.2d 24, 641 N.Y.S.2d 887, holds otherwise, we decline to follow it.   The motion to expedite the appeal is premature (see, 22 NYCRR 1000.10[d];  1000.13[m] ).

Motion for permission to appeal granted;  motion otherwise denied.

MEMORANDUM: