| IN THE MATTER OF THE APPLICATION OF THE CITY OF UTICA URBAN RENEWAL AGENCY FOR AN ORDER PURSUANT TO ARTICLE 75 OF THE |
| Motion No: CA 09-00687 |
| Slip Opinion No: 2009 NY Slip Op 72894(U) |
| Decided on May 13, 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: HURLBUTT, J.P., MARTOCHE, SMITH, AND CENTRA, JJ.
DOCKET NO. CA 09-00687
| IN THE MATTER OF THE APPLICATION OF THE CITY OF UTICA URBAN RENEWAL
AGENCY, PETITIONER-APPELLANT, FOR AN ORDER PURSUANT TO ARTICLE 75 OF THE CPLR STAYING ARBITRATION BY TIMOTHY DOYLE,
RESPONDENT-RESPONDENT. |
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 Oneida on December 22, 2008, pending the hearing and determination of the appeal taken herein,
Now, upon reading and filing the affirmation of Alan J. Pierce dated April 3, 2009, the notice of motion with proof of service thereof, the opposing affirmation of Michael Longstreet dated April 8, 2009, 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 order entered December 22, 2008 are hereby stayed pending the hearing and determination of the appeal taken herein, on the condition that appellant perfect the appeal on or before June 30, 2009, in which event
It is further ORDERED that the appeal is to be added to the calendar for the term of this Court commencing September 8, 2009, and respondent's brief shall be filed and served on or before July 30, 2009.
Entered: May 13, 2009
Patricia L. Morgan, Clerk