| IN THE MATTER OF THE APPLICATION OF SUSAN ULM AND PHILIP ULM, JR. V SALLY MEEDER, SUPERVISOR TOWN OF MIDDLEBURY, |
| Motion No: CA 09-01680 |
| Slip Opinion No: 2009 NY Slip Op 83270(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., HURLBUTT, SMITH, CENTRA, AND GREEN, JJ.
DOCKET NO. CA 09-01680
| IN THE MATTER OF THE APPLICATION OF SUSAN ULM AND PHILIP ULM, JR.,
PETITIONERS-APPELLANTS, V SALLY MEEDER, SUPERVISOR TOWN OF MIDDLEBURY, ET AL.,
RESPONDENTS-RESPONDENTS. |
Appellant having moved, upon the return of an order to show cause granted by the Honorable Samuel L. Green on August 31, 2009, 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 Cattaraugus on July 7, 2009, pending the hearing and determination of the appeal taken herein,
Now, upon reading and filing the affidavit of Philip M. Ulm, Jr. and Susan T. Ulm sworn to August 21, 2009, said show cause order with proof of service thereof, the opposing affidavit of David M. DiMatteo sworn to August 27, 2009, the opposing affidavit of Mark S. Boylan sworn to September 4, 2009, and due deliberation having been had thereon,
It is hereby ORDERED that the motion be, and the same hereby is, denied (see Crumb v Rodgers, 234 AD2d 1015 [1996]).
Entered: September 10, 2009
Patricia L. Morgan, Clerk