LEONARD ROSPIERSKI V JEAN G. HAAR, D.D.S., M.D. AND BUFFALO MEDICAL GROUP, P.C.
Motion No: CA 10-01181
Slip Opinion No: 2010 NY Slip Op 73182(U)
Decided on May 26, 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.


May 26, 2010

PRESENT: SCUDDER, P. J., MARTOCHE, SMITH, CENTRA, AND GREEN, JJ.

DOCKET NO. CA 10-01181

LEONARD ROSPIERSKI, PLAINTIFF-RESPONDENT,

V

JEAN G. HAAR, D.D.S., M.D. AND

BUFFALO MEDICAL GROUP, P.C., DEFENDANTS-APPELLANTS.


Appellant having moved, upon the return of an order to show cause granted by the Honorable Samuel L. Green, for a stay of all proceedings to enforce the order of the Supreme Court entered in the Office of the Clerk of the County of Erie on May 17, 2010, pending the hearing and determination of the appeal taken herein,

Now, upon reading and filing the affidavit of Kevin Vasquez Hutcheson, Esq. sworn to May 19, 2010, said show cause order with proof of service thereof, the affidavit of Laraine Kelley, Esq. sworn to May 21, 2010, the reply affidavit of Daniel T. Roach, Esq. sworn to May 21, 2008 [sic], the reply affidavit of Kevin Vasquez Hutcheson, Esq. sworn to May 21, 2008 [sic], and due deliberation having been had thereon,

It is hereby ORDERED that the motion is denied (see Kightlinger v Kightlinger, 231 AD2d 969).

Entered: May 26, 2010

Patricia L. Morgan, Clerk