| IN THE MATTER OF CITY OF ROME V RAILROAD PROPERTY DEVELOPMENT CORP. |
| Motion No: CA 08-00196 |
| Slip Opinion No: 2008 NYSlipOp 64940(U) |
| Decided on February 20, 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 08-00196
| IN THE MATTER OF CITY OF ROME, PETITIONER-RESPONDENT, V
RAILROAD PROPERTY DEVELOPMENT CORP., RESPONDENT-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 Oneida on September 5, 2007, pending the hearing and determination of the appeal taken herein,
Now, upon reading and filing the affirmation of Abbie Goldbas dated January 24, 2008,
the notice of motion with proof of service thereof, the opposing affirmation of
Diane Martin-Grande dated February 1, 2008, and due deliberation having been had thereon,
It is hereby ORDERED that the motion be, and the same hereby is granted, and all proceedings to enforce the order entered September 5, 2007 are hereby stayed pending the hearing and determination of the appeal taken herein, on the condition that appellant perfect the appeal on or before March 21, 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: February 20, 2008
JoAnn M. Wahl, Clerk