| ALBERT F. BELCHER AND SOPHIA BELCHER, INDIVIDUALLY AND AS HUSBAND AND WIFE V MOUNT ST. MARY'S HOSPITAL OF NIAGARA |
| Motion No: NOS. CA 08-01653 AND CA 08-01654 |
| Slip Opinion No: 2008 NYSlipOp 81343(U) |
| Decided on August 21, 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, PERADOTTO, AND PINE, JJ.
DOCKET NOS. CA 08-01653 AND CA 08-01654
| ALBERT F. BELCHER AND SOPHIA BELCHER, INDIVIDUALLY AND AS HUSBAND
AND WIFE, PLAINTIFFS-RESPONDENTS, V MOUNT ST. MARY'S HOSPITAL OF NIAGARA FALLS, DEFENDANT-APPELLANT, ET AL.,
DEFENDANT. |
Appellant having moved, upon the return of an order to show cause granted by the Honorable Erin M. Peradotto on August 4, 2008, for a stay of all proceedings to enforce orders of the Supreme Court entered in the Office of the Clerk of the County of Erie on May 27, 2008 and July 11, 2008, pending the hearing and determination of the appeals taken herein,
Now, upon reading and filing the affidavit of Tamsin J. Hager sworn to July 30, 2008,
said show cause order with proof of service thereof, the opposing affidavit of Boyd L. Earl sworn to August 13, 2008, the reply affidavit of Tamsin J. Hager sworn to August 19, 2008, and due deliberation having been had thereon,
It is hereby ORDERED that the motion be, and the same hereby is granted, and all proceedings to enforce the orders entered May 27, 2008 and July 11, 2008 are hereby stayed pending the hearing and determination of the appeals taken herein, on the condition that appellant perfect the appeals on or before September 15, 2008, in which event
It is further ORDERED that the appeals are to be added to the calendar for the term of this Court commencing October 20, 2008.
Entered: August 21, 2008
JoAnn M. Wahl, Clerk