HUNT CONSTRUCTION GROUP, INC. V THE ONEIDA INDIAN NATION, A SOVEREIGN NATION
Motion No: CA 07-02515
Slip Opinion No: 2008 NYSlipOp 60733(U)
Decided on January 9, 2008
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.


January 9, 2008

PRESENT: SCUDDER, P.J., HURLBUTT, MARTOCHE, SMITH, AND CENTRA, JJ.

DOCKET NO. CA 07-02515

HUNT CONSTRUCTION GROUP, INC., PLAINTIFF-RESPONDENT,

V

THE ONEIDA INDIAN NATION, A SOVEREIGN NATION,

DEFENDANT-APPELLANT.


Appellant 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 Oneida on November 20, 2007,

Now, upon reading and filing the affirmation of Carter Strickland dated

November 30, 2007, the notice of motion with proof of service thereof, the opposing affirmation of John G. Powers dated December 10, 2007, and due deliberation having been had thereon,

It is hereby ORDERED that the motion be, and the same hereby is granted, and all proceedings are hereby stayed pending the hearing and determination of the appeal taken herein from the order entered November 20, 2007 (see CPLR 511 [c]), on the condition that appellant perfect the appeal on or before February 29, 2008, in which event

It is further ORDERED that the appeal is to be added to the calendar for the term of this Court commencing May 12, 2008.

Entered: January 9, 2008

JoAnn M. Wahl, Clerk