GREGORY CANUTE, M.D. V JO ANN MILLARD
Motion No: CA 09-00944
Slip Opinion No: 2009 NY Slip Op 78788(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.


July 16, 2009

PRESENT: SMITH, J.P., CENTRA, FAHEY, CARNI, AND GORSKI, JJ.

DOCKET NO. CA 09-00944

GREGORY CANUTE, M.D., PLAINTIFF-APPELLANT,

V

JO ANN MILLARD, DEFENDANT-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 Onondaga on April 29, 2009, pending the hearing and determination of the appeal taken herein,

Now, upon reading and filing the affidavit of Gregory Canute sworn to June 9, 2009,

the notice of motion with proof of service thereof, the opposing affidavit of Peter Simon Grenis sworn to June 19, 2009, and due deliberation having been had thereon,

It is hereby ORDERED that the motion be, and the same hereby is, denied (see Kightlinger v Kightlinger, 231 AD2d 969 [1996]).

Entered: July 16, 2009

Patricia L. Morgan, Clerk