The motion court's order of March 30, 1994 was not stayed when the municipal defendants appealed from an order of the same court entered on May 1, 1996. The appeal gave the municipal defendants an automatic stay only of the order appealed ( cf., Eastern Paralyzed Veterans Assn. v. Metropolitan Transp. Auth., 79 A.D.2d 516). And, as the municipal defendants chose to withdraw their appeal from the motion court's 1994 order, which was valid on its face, that order was to be "obeyed even if erroneously made" ( Matter of Bickwid v. Deutsch, 229 A.D.2d 533, 534-535, lv denied 89 N.Y.2d 802).
As for the order concerning the Health Code amendments, it is law of the case that Health Code article 173, was to be upheld and enforced by the municipal defendants in its previous form ( see, New York City Coalition to End Lead Poisoning v. Koch, 138 Misc.2d 188, 190-194, affd 139 A.D.2d 404), and that the municipal defendants may not avoid that obligation by amending the relevant Code. The court is not obliged to defer to an agency determination contrary to its prior orders ( see, McCain v. Giuliani, 236 A.D.2d 256, lv denied App. Div., 1st Dept, Apr. 17, 1997, 1997 N.Y. App. Div. LEXIS 4993), and the "subjective good faith" of defendant Department of Health or its attempt "to fashion its own remedy" is no defense on the civil contempt motion ( Peters v. Sage Group Assocs., 238 A.D.2d 123).
We have considered the municipal defendants' remaining arguments and find them to be without merit.
Concur — Sullivan, J. P., Rosenberger, Ellerin and Tom, JJ.