| PAUL M. FOWLER DEVELOPMENT CORP. V JAMES R. CAPUTO AND SHARON L. CAPUTO |
| Motion No: NOS. CA 07-02007 AND CA 07-02008 |
| Slip Opinion No: 2007 NYSlipOp 81216(U) |
| Decided on October 17, 2007 |
| Appellate Division, Fourth Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
PRESENT: SCUDDER, P.J., HURLBUTT, GORSKI, MARTOCHE, AND CENTRA, JJ.
DOCKET NOS. CA 07-02007 AND CA 07-02008
| PAUL M. FOWLER DEVELOPMENT CORP., PETITIONER-RESPONDENT, V JAMES R. CAPUTO AND SHARON L. CAPUTO, DEFENDANTS-APPELLANTS. |
Appellants having moved, upon the return of an order to show cause granted by the Honorable John V. Centra on October 2, 2007, for a stay of all proceedings to enforce orders of the Supreme Court entered in the Office of the Clerk of the County of Onondaga on
August 24, 2007 and September 26, 2007, pending the hearing and determination of the appeals taken herein,
Now, upon reading and filing the affirmation of David M. Capriotti dated
September 27, 2007, the affidavit of James R. Caputo sworn to September 27, 2007, the affidavit of Arthur Caputo sworn to September 27, 2007, said show cause order with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion be, and the same hereby is, denied, and
It is further ORDERED that the temporary stay contained in the show cause order bringing the motion on before the full Court be, and the same hereby is vacated (see Sullivan v Troser Mgt., Inc., 30 AD3d 1118 [2006]).
Entered: October 17, 2007
JoAnn M. Wahl, Clerk