WILLIAM SCHONWALDER, V TURNER CONSTRUCTION COMPANY AND DORMITORY AUTHORITY OF STATE OF NEW YORK, .

WILLIAM SCHONWALDER, V TURNER CONSTRUCTION COMPANY AND DORMITORY AUTHORITY OF STATE OF NEW YORK, .

Motion No: CA 07-02630

Slip Opinion No: 2008 NYSlipOp 64953(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.

February 20, 2008

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

DOCKET NO. CA 07-02630

WILLIAM SCHONWALDER, PLAINTIFF-RESPONDENT-APPELLANT,
V
TURNER CONSTRUCTION COMPANY AND DORMITORY AUTHORITY OF
STATE OF NEW YORK, DEFENDANTS-APPELLANTS-RESPONDENTS.

Appellants-respondents 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 May 22, 2007,

Now, upon reading and filing the affirmation of I. Paul Howansky dated

January 11, 2008, the notice of motion with proof of service thereof, the opposing affidavit of John A. Collins sworn to January 16, 2008, and due deliberation having been had thereon,

It is hereby ORDERED that the motion be, and the same hereby is, denied.

Memorandum: A stay is not available from this Court pursuant to CPLR 2201 (see Rhodes v Mosher, 115 AD2d 351 [1985]) or CPLR 5519 (see Matter of White v City of Jamestown, 242 AD2d 979, 980 [1997]).

Entered: February 20, 2008

JoAnn M. Wahl, Clerk