| SHARON FRANZA V DUANE C. OLIN AND BARBARA OLIN |
| Motion No: CA 09-01223 |
| Slip Opinion No: 2009 NY Slip Op 83258(U) |
| Decided on September 10, 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., SMITH, PERADOTTO, GREEN, AND GORSKI, JJ.
DOCKET NO. CA 09-01223
| SHARON FRANZA, PETITIONER-APPELLANT, V DUANE C. OLIN AND
BARBARA OLIN, RESPONDENTS-RESPONDENTS. |
Appellant having moved for a stay of this appeal from an order of the Supreme Court entered in the Office of the Clerk of the County of Onondaga on January 26, 2009,
Now, upon reading and filing the affidavit of Terrance J. Hoffmann sworn to August 3, 2009, the notice of motion with proof of service thereof, the opposing affirmation of W. Bradley Hunt dated August 19, 2009, and due deliberation having been had thereon,
It is hereby ORDERED that the motion be, and the same hereby is, denied.
Memorandum: The Court cannot consider the constitutionality of the amendments to the RPAPL on this appeal if appellant did not present that argument at Supreme Court (see Colenzo v Kernan, 49 AD2d 809, 810 [1975]).
Entered: September 10, 2009
Patricia L. Morgan, Clerk