| MILHELM ATTEA & BROS., INC. V PHILIP MORRIS USA, INC., - . |
| Motion No: CA 09-00346 |
| Slip Opinion No: 2009 NYSlipOp 64626(U) |
| Decided on February 25, 2009 |
| 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 CENTRA, JJ.
DOCKET NO. CA 09-00346
| MILHELM ATTEA & BROS., INC., PLAINTIFF-APPELLANT, V PHILIP MORRIS
USA, INC., DEFENDANT-RESPONDENT, ET AL., DEFENDANTS. |
Appellant having moved for a stay of all proceedings to enforce an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on January 12, 2009, pending the hearing and determination of the appeal taken herein, and for other relief,
Now, upon reading and filing the affidavit of Joseph E. Zdarsky sworn to February 10, 2009, the affidavit of Frank Attea sworn to February 10, 2009, the notice of motion with proof of service thereof, the opposing affirmation of Richard T. Sullivan dated February 20, 2009, and due deliberation having been had thereon,
It is hereby ORDERED that the motion be, and the same hereby is, denied.
Entered: February 25, 2009
JoAnn M. Wahl, Clerk