| PETER PAGANELLI AND IRENE PAGANELLI, INDIVIDUALLY AND AS PARENTS AND NATURAL GUARDIANS OF STEVEN PAGANELLI, AN INFANT |
| Motion No: NOS. CA 08-01276 AND CA 08-01277 |
| Slip Opinion No: 2008 NYSlipOp 75232(U) |
| Decided on June 17, 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, SMITH, CENTRA, AND GREEN, JJ.
DOCKET NOS. CA 08-01276 AND CA 08-01277
| PETER PAGANELLI AND IRENE PAGANELLI, INDIVIDUALLY AND AS PARENTS
AND NATURAL GUARDIANS OF STEVEN PAGANELLI, AN INFANT, MEGHAN PAGANELLI, AND MARK PAGANELLI, PLAINTIFFS-RESPONDENTS,
V SHIRLEY A. RYBACKI, DEFENDANT-APPELLANT. |
Appellant having moved, upon the return of an order to show cause granted by the Honorable Samuel L. Green on June 11, 2008, for a stay of all proceedings pending the hearing and determination of the appeals taken herein from a judgment and an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on May 14, 2008 and May 21, 2008,
Now, upon reading and filing the affidavit of Chris G. Trapp sworn to June 10, 2008,
said show cause order with proof of service thereof, the opposing affidavit of John K. Rottaris sworn to June 12, 2008, the opposing affidavit of Howard B. Cohen sworn to June 12, 2008, the reply affidavit of Chris G. Trapp sworn to June 13, 2008, and due deliberation having been had thereon,
It is hereby ORDERED that the motion be, and the same hereby is, denied, and
It is further ORDERED that the temporary stay contained in the show cause order bringing the motion on before the full Court be, and the same hereby is vacated.
Entered: June 17, 2008
JoAnn M. Wahl, Clerk