STEVEN M. GARBER & ASSOCIATES, A PROFESSIONAL CORPORATION V KIM JOHN ZUBER JOSEPH J. BOSCO CARDOZO, M.D. (Index No.
Motion No: CA 10-02518
Slip Opinion No: 2011 NY Slip Op 62971(U)
Decided on January 27, 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.


January 27, 2011

PRESENT: SCUDDER, P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.

DOCKET NO. CA 10-02518

STEVEN M. GARBER & ASSOCIATES, A PROFESSIONAL CORPORATION,

PLAINTIFF-RESPONDENT,

V

KIM JOHN ZUBER, DEFENDANT-APPELLANT,

JOSEPH J. BOSCO CARDOZO, M.D., DEFENDANT.

(Index No. 10/8611)


Respondent having moved, pursuant to CPLR 5519 (c), to vacate a stay of enforcement of a judgment of the Supreme Court entered in the Office of the Clerk of the County of Monroe on December 6, 2010,

Now, upon reading and filing the affirmation of Peter M. Agulnick, Esq. dated December 23, 2010, the notice of motion with proof of service thereof, the affirmation of Amy L. DiFranco, Esq. dated January 5, 2011, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted and the stay of enforcement of the judgment entered December 6, 2010, is vacated pursuant to CPLR 5519 (c).

Entered: January 27, 2011

Patricia L. Morgan, Clerk