| MARY WHITLEY V KENNETH PIERI |
| Motion No: CA 06-03703 |
| Slip Opinion No: 2008 NYSlipOp 65003(U) |
| Decided on February 26, 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: HURLBUTT, J.P., MARTOCHE, FAHEY, PERADOTTO, AND GREEN, JJ.
DOCKET NO. CA 06-03703
| MARY WHITLEY, PLAINTIFF-RESPONDENT, V KENNETH PIERI,
DEFENDANT-APPELLANT. |
Appellant having moved to vacate a stay of all proceedings to enforce a judgment of the Supreme Court entered in the Office of the Clerk of the County of Erie on December 1, 2006, following the hearing and determination of the appeal taken herein, and for other relief,
Now, upon reading and filing the affidavit of Lawrence J. Mattar sworn to
February 4, 2008, the affidavit of Kenneth Pieri sworn to February 4, 2008, the notice of motion with proof of service thereof, the opposing affidavit of Toni L. Frain sworn to February 15, 2008, the reply affidavit of Lawrence J. Mattar sworn to February 20, 2008, and due deliberation having been had thereon,
It is hereby ORDERED that the motion be, and the same hereby is, denied without prejudice to its renewal at Supreme Court.
Entered: February 26, 2008
JoAnn M. Wahl, Clerk