MEMORANDUM. In this action to recover for goods sold and delivered, defendant concedes the correctness of the Appellate Division's order awarding plaintiff partial summary judgment. We cannot consider his application for a stay of enforcement of that judgment made for the first time in this court. The grant or denial of such a stay lies within the sound discretion of the court below (CPLR 3212, subd [e]; 4 Weinstein-Korn-Miller, N Y Civ Prac, par 3212.09; Cohen and Karger, Powers of the New York Court of Appeals, § 151, p 597).
Accordingly, the order must be affirmed.
Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur.
Order affirmed, with costs, in a memorandum.