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

DOCKET NO. CA 11-00241

THE ONEIDA INDIAN NATION, A SOVEREIGN NATION, PLAINTIFF/COUNTERCLAIM DEFENDANT-APPELLANT, V HUNT CONSTRUCTION GROUP, INC., DEFENDANT/COUNTERCLAIM PLAINTIFF-RESPONDENT. THE ONEIDA INDIAN NATION, A SOVEREIGN NATION, THIRD-PARTY PLAINTIFF, V BRENNAN BEER GORMAN/ARCHITECTS, LLP, THIRD-PARTY DEFENDANT, BRENNAN BEER GORMAN/ARCHITECTS, LLP, FOURTH-PARTY PLAINTIFF, V BERTINO & ASSOCIATES, INC., ET AL., FOURTH-PARTY DEFENDANTS.

Appellant having moved for a stay of the proceedings in Supreme Court pursuant to CPLR 2201 on the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Onondaga on January 21, 2011, pending the hearing and determination of the appeal taken herein, and for other relief,

Now, upon reading and filing the affirmations of W. Bradley Hunt, Esq. dated January 28, 2011, and February 24, 2011, the notice of motion with proof of service thereof, the affidavit of Matthew D. Gumaer, Esq. dated February 4, 2011, the affidavit of Anthony P. Carlucci, Jr., Esq. sworn to February 7, 2011, the affirmation of Thomas D. Kelcher, Esq. dated February 7, 2011, the affirmation of Michelle Fiorito, Esq. dated February 7, 2011, the affirmation of John G. Powers, Esq. dated February 11, 2011, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is denied without prejudice to an application to "the court in which [the] action is pending" (CPLR 2201; see Schwartz v New York City Hous. Auth., 219 AD2d 47, 48 [1996]; Rhodes v Mosher, 115 AD2d 351 [1985]).

Entered: March 8, 2011

Patricia L. Morgan, Clerk