| UTICA LAND EQUITIES, LLC V UTICA HOLDING COMPANY |
| Motion No: CA 09-00327 |
| Slip Opinion No: 2009 NYSlipOp 64853(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 09-00327
| UTICA LAND EQUITIES, LLC, PLAINTIFF, V UTICA HOLDING COMPANY,
DEFENDANT. UTICA HOLDING COMPANY, COUNTERCLAIM PLAINTIFF-RESPONDENT, V COOLIDGE UTICA LLC, COUNTERCLAIM
DEFENDANT-APPELLANT. |
Appellant having moved, upon the return of an order to show cause granted by the Honorable Robert G. Hurlbutt on February 6, 2009, 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 Herkimer on January 5, 2009, pending the hearing and determination of the appeal taken herein,
Now, upon reading and filing the affirmation of Matthew Hearle dated February 5, 2009,
said show cause order with proof of service thereof, the opposing affirmation of Douglas H. Zamelis dated February 13, 2009, the reply affirmation of Matthew Hearle 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, and the temporary stay contained in the show cause order bringing the motion on before the full Court be, and the same hereby is vacated, inasmuch as a stay is available upon the giving of an undertaking (see CPLR 5519 [a] [2]).
Entered: February 25, 2009
JoAnn M. Wahl, Clerk