| VANDEWATER & ASSOCIATES, INC. V SUSAN LEBERT |
| Motion No: CA 07-02270 |
| Slip Opinion No: 2007 NYSlipOp 84725(U) |
| Decided on November 28, 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 07-02270
| VANDEWATER & ASSOCIATES, INC., PLAINTIFF-RESPONDENT, V SUSAN
LEBERT, DEFENDANT-APPELLANT. |
Appellant having moved for a stay of all proceedings to enforce an order of the Supreme Court entered in the Office of the Clerk of the County of Herkimer on October 11, 2007, pending the hearing and determination of the appeal taken herein,
Now, upon reading and filing the affidavit of Philip D. O'Donnell sworn to
October 23, 2007, the notice of motion with proof of service thereof, the opposing affirmation of Jeremiah Wood dated October 26, 2007, and due deliberation having been had thereon,
It is hereby ORDERED that the motion be, and the same hereby is, denied.
Memorandum: Because appellant can obtain an automatic stay (see CPLR 5519 [a] [6]), a discretionary stay is not available pursuant to CPLR 5519 (c) (see Sullivan v Troser Mgt., 30 AD3d 1118 [2006]).
Entered: November 28, 2007
JoAnn M. Wahl, Clerk