| BETSY ROSS REHABILITATION CENTER, INC. V MICHAEL J. BIRNBAUM, DAVID E. JONES AND JUDITH A. JONES |
| Motion No: CA 08-00507 |
| Slip Opinion No: 2008 NYSlipOp 68305(U) |
| Decided on April 2, 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 LUNN, JJ.
DOCKET NO. CA 08-00507
| BETSY ROSS REHABILITATION CENTER, INC., PLAINTIFF-RESPONDENT,
V MICHAEL J. BIRNBAUM, DAVID E. JONES AND JUDITH A. JONES, DEFENDANTS-APPELLANTS. MICHAEL J. BIRNBAUM, DAVID E. JONES
AND JUDITH A. JONES, THIRD-PARTY PLAINTIFFS-APPELLANTS, V IRENE KAY, DONALD ALTMAN AND CAROL HALPERN, THIRD-PARTY
DEFENDANTS-RESPONDENTS. |
Appellants having moved for a stay of all proceedings to enforce a judgment of the Supreme Court entered in the Office of the Clerk of the County of Oneida on January 29, 2008, pending the hearing and determination of the appeal taken herein, and for other relief,
Now, upon reading and filing the affidavit of Robert G. Rafferty sworn to
February 6, 2008, the notice of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion be, and the same hereby is, denied.
Memorandum: Because appellants can obtain an automatic stay (see CPLR 5519 [a] [2]), a discretionary stay is not available pursuant to CPLR 5519 (c) (see Sullivan v Troser Mgt., 30 AD3d 1118).
Entered: April 2, 2008
JoAnn M. Wahl, Clerk