| THE GINLEY FAMILY REAL ESTATE TRUST, BY MICHAEL P. GINLEY AND JOHN J. GINLEY, III, AS CO-TRUSTEES V FRANCIS W. ROSCOE |
| Motion No: CA 07-02209 |
| Slip Opinion No: 2007 NYSlipOp 82538(U) |
| Decided on October 31, 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 SMITH, JJ.
DOCKET NO. CA 07-02209
| THE GINLEY FAMILY REAL ESTATE TRUST, BY MICHAEL P. GINLEY AND JOHN J. GINLEY, III, AS CO-TRUSTEES, PLAINTIFFS-RESPONDENTS, V FRANCIS W. ROSCOE, II AND CHRISTINE M. ROSCOE, DEFENDANTS-APPELLANTS. |
Appellants having moved for a stay of all proceedings pending the hearing and determination of the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Onondaga on October 5, 2007,
Now, upon reading and filing the affidavit of David M. Gouldin sworn to
October 18, 2007, the notice of motion with proof of service thereof, the opposing affidavit of Michael G. Bersani sworn to October 22, 2007, the reply affirmation of David M. Gouldin dated October 25, 2007, and due deliberation having been had thereon,
It is hereby ORDERED that the motion be, and the same hereby is, denied (see Rhodes v Mosher, 115 AD2d 351 [1985]).
Entered: October 31, 2007
JoAnn M. Wahl, Clerk