| JOHN J. WHALEN AND KELLY WHALEN, - V EXXONMOBIL OIL CORPORATION AND W.I.P.P. ENTERPRISES INC. |
| Motion No: CA 07-02533 |
| Slip Opinion No: 2008 NYSlipOp 60750(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. |
PRESENT: SCUDDER, P.J., HURLBUTT, MARTOCHE, SMITH, AND CENTRA, JJ.
DOCKET NO. CA 07-02533
| JOHN J. WHALEN AND KELLY WHALEN, PLAINTIFFS-RESPONDENTS V
EXXONMOBIL OIL CORPORATION AND W.I.P.P. ENTERPRISES INC., 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 Erie on September 11, 2007,
Now, upon reading and filing the affidavit of Neil R. Sherwood sworn to
December 6, 2007, the notice of motion with proof of service thereof, the opposing affidavit of John A. Collins sworn to December 12, 2007, and due deliberation having been had thereon,
It is hereby ORDERED that the motion be, and the same hereby is, denied.
Memorandum: A stay of all proceedings pursuant to CPLR 2201 is not available from this Court (see Rhodes v Mosher, 115 AD2d 351 [1985]), and the trial on damages cannot be stayed on this appeal pursuant to CPLR 5519 (see Young v State of New York, 213 AD2d 1084 [1995]).
Entered: January 9, 2008
JoAnn M. Wahl, Clerk