| TERRY JOHNSON, RICHARD JOHNSON AND PITTSFORD VISION V OPTOMETRIX, INC. |
| Motion No: CA 09-01807 |
| Slip Opinion No: 2009 NY Slip Op 83296(U) |
| Decided on September 15, 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, MARTOCHE, SMITH, AND CENTRA, JJ.
DOCKET NO. CA 09-01807
| TERRY JOHNSON, RICHARD JOHNSON AND PITTSFORD VISION,
PLAINTIFFS-APPELLANTS, V OPTOMETRIX, INC., DEFENDANT-RESPONDENT. |
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 Monroe on August 28, 2009, pending the hearing and determination of the appeal taken herein, and appellants having cross-moved for a discretionary stay in the event that the automatic stay is vacated,
Now, upon reading and filing the affidavit of Andrew J. Ryan sworn to September 4, 2009, the affidavit of Shamil Tadros sworn to September 4, 2009, the notice of motion with proof of service thereof, the opposing affirmation of Richard Glen Curtis dated September 10, 2009, the notice of cross motion with proof of service thereof, the reply affidavit of Andrew J. Ryan sworn to September 11, 2009, and due deliberation having been had thereon,
It is hereby ORDERED that the motion be, and the same hereby is granted, to the extent that the automatic stay of all proceedings to enforce the order entered August 28, 2009 is vacated effective November 13, 2009 unless appellants perfect the appeal on or before November 12, 2009, and
It is further ORDERED that the cross motion be, and the same hereby is, denied.
Entered: September 15, 2009
Patricia L. Morgan, Clerk