| GMC MANAGEMENT CORP. V EDWARD P. FERRIS, - . |
| Motion No: CA 09-02033 |
| Slip Opinion No: 2009 NY Slip Op 87225(U) |
| Decided on October 26, 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 PINE, JJ.
DOCKET NO. CA 09-02033
| GMC MANAGEMENT CORP., PLAINTIFF-RESPONDENT, V EDWARD P.
FERRIS, DEFENDANT-APPELLANT, ET AL., DEFENDANTS. |
Appellant having moved, upon the return of an order to show cause granted by the Honorable Elizabeth W. Pine on October 6, 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 Monroe on September 8, 2009, pending the hearing and determination of the appeal taken herein,
Now, upon reading and filing the affidavit of Edward B. Ferris sworn to October 2, 2009,
said show cause order with proof of service thereof, the opposing affirmation of Robert B. Gitlin dated October 5, 2009, and due deliberation having been had thereon,
It is hereby ORDERED that the motion be, and the same hereby is granted, and all proceedings to enforce the order entered September 8, 2009 are hereby stayed pending the hearing and determination of the appeal taken herein, on the condition that appellant serve and file an undertaking in compliance with CPLR 2501 and CPLR 2505 in the amount of $24,000 on or before November 23, 2009, and on the further condition that appellant perfect the appeal on or before December 23, 2009.
Entered: October 26, 2009
Patricia L. Morgan, Clerk