| CARL A. GIFALDI AND EVA GIFALDI V NEW YORK CENTRAL MUTUAL FIRE INSURANCE COMPANY AND SUNSET BUILDERS & ROOFERS |
| Motion No: CA 10-00754 |
| Slip Opinion No: 2010 NY Slip Op 69096(U) |
| Decided on April 14, 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., MARTOCHE, SMITH, CENTRA, AND FAHEY, JJ.
DOCKET NO. CA 10-00754
| CARL A. GIFALDI AND EVA GIFALDI, PLAINTIFFS-RESPONDENTS, V NEW
YORK CENTRAL MUTUAL FIRE INSURANCE COMPANY, DEFENDANT-APPELLANT, AND SUNSET BUILDERS & ROOFERS,
DEFENDANT. |
Appellant having moved 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 Erie on March 22, 2010 pending the hearing and determination of the appeal taken herein,
Now, upon reading and filing the affidavit of R. Anthony Rupp, III, Esq. sworn to April 1, 2010, the notice of motion with proof of service thereof, the affirmation of Joseph J. Manna, Esq. dated April 9, 2010, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted and all proceedings to enforce the order entered March 22, 2010 are hereby stayed pending the hearing and determination of the appeal taken herein.
Entered: April 14, 2010
Patricia L. Morgan, Clerk