| TERRY L. STEVENS V ALLIED BUILDERS, INC., CHARLES W. PECORELLA, MATTEO PECORELLA, JOHN J. PETRONIO, CARL V. PETRONIO |
| Motion No: CA 10-02358 |
| Slip Opinion No: 2011 NY Slip Op 62435(U) |
| Decided on January 24, 2011 |
| 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, FAHEY, PERADOTTO, AND LINDLEY, JJ.
DOCKET NO. CA 10-02358
| TERRY L. STEVENS, PETITIONER-RESPONDENT, V ALLIED BUILDERS, INC.,
CHARLES W. PECORELLA, MATTEO PECORELLA, JOHN J. PETRONIO, CARL V. PETRONIO, AND GARY L. NANNI,
RESPONDENTS-APPELLANTS. |
Appellants having moved, upon the return of an order to show cause granted by the Honorable Stephen K. Lindley on November 30, 2010, for a stay of enforcement of an order of the Supreme Court entered in the Office of the Clerk of the County of Monroe on November 19, 2010, pending the hearing and determination of the appeal taken herein,
Now, upon reading and filing the affidavits of Daniel P. DeBolt, Esq. sworn to November 29, 2010, and December 1, 2010, the affidavit of Richard R. George sworn to December 2, 2010, said show cause order with proof of service thereof, and the affirmation of Richard T. Bell, Esq. dated January 7, 2011, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted, and all proceedings to enforce the order entered November 19, 2010, are hereby stayed pending the hearing and determination of the appeal taken herein on the condition that appellants perfect the appeal on or before February 14, 2011, and
It is further ORDERED that if the appeal is perfected on or before February 14, 2011, the appeal shall be added to the calendar for the term of this Court commencing April 4, 2011.
Entered: January 24, 2011
Patricia L. Morgan, Clerk