| ROBERT N. HIGHWAY, JR. V NEW YORK CENTRAL MUTUAL FIRE INSURANCE COMPANY |
| Motion No: CA 09-00710 |
| Slip Opinion No: 2009 NY Slip Op 72899(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 09-00710
| ROBERT N. HIGHWAY, JR., PLAINTIFF-RESPONDENT, V NEW YORK
CENTRAL MUTUAL FIRE INSURANCE COMPANY, DEFENDANT-APPELLANT. |
Appellant having moved for a stay of all proceedings pending the hearing and determination of the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on April 3, 2009,
Now, upon reading and filing the affidavit of Renata Kowalczuk sworn to April 10, 2009,
the notice of motion with proof of service thereof, the opposing affidavit of Gregory Stamm sworn to April 28, 2009, and due deliberation having been had thereon,
It is hereby ORDERED that the motion be, and the same hereby is, denied.
Entered: May 13, 2009
Patricia L. Morgan, Clerk