ALAN WISHNOFF V LORI ULLMAN
Motion No: CA 08-01058
Slip Opinion No: 2008 NYSlipOp 72793(U)
Decided on May 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.


May 20, 2008

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

DOCKET NO. CA 08-01058

ALAN WISHNOFF, PLAINTIFF-RESPONDENT,

V

LORI ULLMAN, DEFENDANT-APPELLANT.


Appellant 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 April 25, 2008,

Now, upon reading and filing the affidavit of Lori Ullman sworn to May 7, 2008,

the notice of motion with proof of service thereof, the opposing affidavit of Alan Wishnoff sworn to May 12, 2008, the reply affidavit of Patrick C. O' Reilly sworn to May 13, 2008, and due deliberation having been had thereon,

It is hereby ORDERED that the motion be, and the same hereby is, denied (see Rhodes v Mosher, 115 AD2d 351 [1985]).

Entered: May 20, 2008

JoAnn M. Wahl, Clerk