| WILLIAM M. HOLST, LARRY J. PIERCE, LILLIAN BRAUNBACH, DAVID P. MARTIN, LINDA ZGODA-MARTIN MARY E. PANKOW, STEVEN SMITH |
| Motion No: CA 09-00957 |
| Slip Opinion No: 2009 NY Slip Op 75431(U) |
| Decided on June 15, 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 GORSKI, JJ.
DOCKET NO. CA 09-00957
| WILLIAM M. HOLST, LARRY J. PIERCE, LILLIAN BRAUNBACH, DAVID P. MARTIN,
LINDA ZGODA-MARTIN MARY E. PANKOW, STEVEN SMITH, ROBIN MARIE SMITH, ROBERT J. MARTIN, CARRIE A. MARTIN, DAVID S. WINNERT,
MICHELE MUELLER, KENNETH J. ULIKI, AND MARILYN M. ULIKI, PLAINTIFFS-RESPONDENTS, V ROBERT J. GRUNDEN, JR., ET AL.,
DEFENDANTS, VICTOR LIBERATORE AND SALLY LIBERATORE, DEFENDANTS-APPELLANTS. |
Appellants having moved, upon the return of an order to show cause granted by the Honorable Jerome C. Gorski on May 6, 2009, to vacate the temporary restraining order of the Supreme Court entered in the Office of the Clerk of the County of Chautauqua on May 5, 2009, pending the hearing and determination of the appeal taken herein,
Now, upon reading and filing the affidavit of Ralph C. Lorigo sworn to May 5, 2009, said show cause order with proof of service thereof, the opposing affidavit of Andrew W. Goodell sworn to June 11, 2009, and due deliberation having been had thereon,
It is hereby ORDERED that the motion be, and the same hereby is granted to the extent that the temporary restraining order is hereby vacated pending the hearing and determination of respondents' motion for a preliminary injunction by Supreme Court.
Entered: June 15, 2009
Patricia L. Morgan, Clerk