| KESSEL BRENT CORPORATION AND CHRISTOPHER C. VESCERA V BENDERSON PROPERTY DEVELOPMENT, INC |
| Motion No: CA 09-00357 |
| Slip Opinion No: 2009 NYSlipOp 65630(U) |
| Decided on March 3, 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 09-00357
| KESSEL BRENT CORPORATION AND CHRISTOPHER C. VESCERA,
PLAINTIFFS-APPELLANTS, V BENDERSON PROPERTY DEVELOPMENT, INC, DEFENDANT-RESPONDENT. |
Appellants having moved, upon the return of an order to show cause granted by the Honorable John V. Centra on February 11, 2009, for a stay of all proceedings to enforce an order and judgment of the Supreme Court entered in the Office of the Clerk of the County of Oneida on December 5, 2008, pending the hearing and determination of the appeal taken herein,
Now, upon reading and filing the affirmation of Richard E. Kaplan dated February 9, 2009, said show cause order with proof of service thereof, the affidavit of John J. Henry sworn to February 9, 2009, 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.
Memorandum: Because appellants can obtain an automatic stay (see CPLR 5519 [a] [2]), a discretionary stay is not available pursuant to CPLR 5519 (c) (see Sullivan v Troser Mgt., Inc. 30 AD3d 1118 [2006]).
Entered: March 3, 2009
JoAnn M. Wahl, Clerk