| PETER SIMPSON V TRACE EQUIPMENT CORPORATION TRACE EQUIPMENT CORPORATION V PALLETS PLUS, INC., -. |
| Motion No: CA 08-00965 |
| Slip Opinion No: 2008 NYSlipOp 78596(U) |
| Decided on July 23, 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: SMITH, J.P., CENTRA, FAHEY, GREEN, AND GORSKI, JJ.
DOCKET NO. CA 08-00965
| PETER SIMPSON, PLAINTIFF-RESPONDENT, V TRACE EQUIPMENT
CORPORATION, DEFENDANT-APPELLANT. TRACE EQUIPMENT CORPORATION, THIRD-PARTY-PLAINTIFF, V PALLETS PLUS, INC., THIRD-PARTY
DEFENDANT-APPELLANT. |
Appellant Trace Equipment Corporation 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 21, 2008,
Now, upon reading and filing the affidavit of Laurence F. Sovik sworn to June 12, 2008,
the notice of motion with proof of service thereof, the affirmation of Robert S. Stockton dated June 18, 2008, and due deliberation having been had thereon,
It is hereby ORDERED that the motion be, and the same hereby is, denied (see Matter of White v City of Jamestown, 242 AD2d 979, 980 [1997]).
Entered: July 23, 2008
JoAnn M. Wahl, Clerk