| ELIZABETH IRR V MARY A. BUSH, D.D.S., KATHLEEN M. CASACCI, D.D.S., F.A.G.D., AND WHEATFIELD FAMILY DENTISTRY |
| Motion No: CA 07-02442 |
| Slip Opinion No: 2008 NYSlipOp 64948(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 FAHEY, JJ.
DOCKET NO. CA 07-02442
| ELIZABETH IRR, PLAINTIFF-RESPONDENT, V MARY A. BUSH, D.D.S.,
KATHLEEN M. CASACCI, D.D.S., F.A.G.D., AND WHEATFIELD FAMILY DENTISTRY, DEFENDANTS-APPELLANTS. |
Appellants Kathleen M. Casacci, D.D.S., F.A.G.D. and Wheatfield Family Dentistry having moved, upon the return of an order to show cause granted by the Honorable
Eugene M. Fahey, 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 Erie on October 26, 2007, pending the hearing and determination of the appeal taken herein,
Now, upon reading and filing the affidavit of Meghann N. Roehl sworn to
February 4, 2008, said show cause order with proof of service thereof, the opposing affidavit of Richard P. Valentine sworn to February 14, 2008, the reply affidavit of Meghann N. Roehl sworn to February 15, 2008, and due deliberation having been had thereon,
It is hereby ORDERED that the motion be, and the same hereby is, denied (see Matter of White v City of Jamestown, 242 AD2d 979, 980 [1997]; Rhodes v Mosher, 115 AD2d 351 [1985]).
Entered: February 20, 2008
JoAnn M. Wahl, Clerk