| DONNA PONHOLZER AND WILLIAM PONHOLZER V EDWARD D. SIMMONS, M.D. AND SIMMONS ORTHOPEDIC & SPINE ASSOCIATES |
| Motion No: CA 10-00740 |
| Slip Opinion No: 2010 NY Slip Op 75851(U) |
| Decided on June 25, 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., CENTRA, PERADOTTO, SCONIERS, AND PINE, JJ.
DOCKET NO. CA 10-00740
| DONNA PONHOLZER AND WILLIAM PONHOLZER,
PLAINTIFFS-RESPONDENTS, V EDWARD D. SIMMONS, M.D. AND SIMMONS ORTHOPEDIC & SPINE ASSOCIATES,
DEFENDANTS-APPELLANTS. |
Appellants having moved for a stay of the trial of this matter pending the hearing and determination of the appeal taken herein from the order of the Supreme Court entered in the Office of the Clerk of the County of Erie on July 14, 2009,
Now, upon reading and filing the affidavit of Melissa L. Zittel, Esq. sworn to May 20, 2010, the notice of motion with proof of service thereof, the affidavit of Melissa A. Brewster, Esq. sworn to May 27, 2010, the affidavit of Kathleen M. Sweet, Esq. sworn to June 3, 2010, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is denied.
Entered: June 25, 2010
Patricia L. Morgan, Clerk