| JOHN AVERSA, UNIT #32, JEAN AVERSA, UNIT #32, ROBERT MEYER, UNIT #33, JULIE MEYER, UNIT #33, JAMES HUGGINS, UNIT #2 |
| Motion No: CA 09-01341 |
| Slip Opinion No: 2009 NY Slip Op 78786(U) |
| Decided on July 16, 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: SMITH, J.P., CENTRA, FAHEY, CARNI, AND GORSKI, JJ.
DOCKET NO. CA 09-01341
| JOHN AVERSA, UNIT #32, JEAN AVERSA, UNIT #32, ROBERT MEYER, UNIT
#33, JULIE MEYER, UNIT #33, JAMES HUGGINS, UNIT #2, AND DONNA HUGGINS, UNIT #2, PLAINTIFFS-RESPONDENTS, V THOMAS
REESE, UNIT #1, DEFENDANT-APPELLANT, ET AL., DEFENDANTS. |
Appellant having moved, upon the return of an order to show cause granted by the Honorable Erin M. Peradotto on June 19, 2009, for a stay of all proceedings to enforce part of an order of the Supreme Court entered in the Office of the Clerk of the County of Niagara on May 7, 2009, pending the hearing and determination of the appeal taken herein,
Now, upon reading and filing the affirmation of Kevin D. Szczepanski dated June 19, 2009, said show cause order with proof of service thereof, 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 subparagraph (a) of the first decretal paragraph of the order entered May 7, 2009 are hereby stayed pending the hearing and determination of the appeal taken herein, on the condition that appellant perfect the appeal on or before September 14, 2009.
Entered: July 16, 2009
Patricia L. Morgan, Clerk