| PINO ALTO PARTNERS, INDIVIDUALLY AND ON BEHALF OF ALL OTHERS SIMILARY SITUATED V ERIE COUNTY WATER AUTHORITY |
| Motion No: CA 09-01014 |
| Slip Opinion No: 2009 NY Slip Op 83284(U) |
| Decided on September 14, 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: CENTRA, J.P., FAHEY, PERADOTTO, CARNI, AND GORSKI, JJ.
DOCKET NO. CA 09-01014
| PINO ALTO PARTNERS, INDIVIDUALLY AND ON BEHALF OF ALL OTHERS
SIMILARY SITUATED, PLAINTIFF-RESPONDENT, V ERIE COUNTY WATER AUTHORITY, DEFENDANT-APPELLANT. |
Respondent having moved to vacate the automatic stay of all proceedings to enforce an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on January 15, 2009, pending the hearing and determination of the appeal taken herein,
Now, upon reading and filing the affirmation of David T. Archer dated September 4, 2009, the notice of motion with proof of service thereof, the opposing affidavit of Hugh M. Russ, III sworn to September 10, 2009, and due deliberation having been had thereon,
It is hereby ORDERED that the motion be, and the same hereby is, denied.
Entered: September 14, 2009
Patricia L. Morgan, Clerk