In the Matter of Bruce White, Individually and as President of Amalgamated Transit Union Local 1054, et al., Respondents, v. City of Jamestown et al., Respondents, and County of Chautauqua et al., Appellants

Motion for permission to appeal granted; motion otherwise denied. Memorandum: 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 AD2d 1014). 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 Huntingon (219 AD2d 24) holds otherwise, we decline to follow it. The motion to expedite the appeal is premature (see, 22 NYCRR 1000.10 [d]; 1000.13 [m]). Present—Pine, J. P., Law-ton, Hayes, Wisner and Boehm, JJ.