| PAUL MARINACCIO, SR. V TOWN OF CLARENCE AND KIEFFER ENTERPRISE, INC. |
| Motion No: CA 10-00292 |
| Slip Opinion No: 2010 NY Slip Op 65214(U) |
| Decided on March 9, 2010 |
| 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, CENTRA, FAHEY, AND PERADOTTO, JJ.
DOCKET NO. CA 10-00292
| PAUL MARINACCIO, SR., PLAINTIFF-RESPONDENT, V TOWN OF CLARENCE
AND KIEFFER ENTERPRISE, INC., DEFENDANTS-APPELLANTS. |
Appellant Kieffer Enterprises, Inc. having moved for a stay of enforcement of the judgment of the Supreme Court entered in the Office of the Clerk of the County of Erie on November 24, 2009, pending the hearing and determination of the appeal taken herein,
Now, upon reading and filing the affirmation of Dennis P. Glascott dated February 5, 2010, the notice of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is denied (see e.g. Norcross v Cook, 199 AD2d 1079).
Entered: March 9, 2010
Patricia L. Morgan, Clerk