| YVETTE HUFF V ANITA L. RODRIGUEZ, FORMERLY KNOWN AS ANITA L. ROSARIO AND ENRIQUE RODRIGUEZ |
| Motion No: CA 11-00074 |
| Slip Opinion No: 2011 NY Slip Op 67066(U) |
| Decided on March 14, 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., SMITH, CENTRA, FAHEY, AND CARNI, JJ.
DOCKET NO. CA 11-00074
| YVETTE HUFF, PLAINTIFF-RESPONDENT, V ANITA L. RODRIGUEZ,
FORMERLY KNOWN AS ANITA L. ROSARIO AND ENRIQUE RODRIGUEZ, DEFENDANTS-APPELLANTS. |
Appellants having moved pursuant to CPLR 5519 (c) for an order extending to them New York Central Mutual Fire Insurance Company's stay of proceedings to enforce a judgment of the Supreme Court entered in the Office of the Clerk of the County of Erie on October 8, 2010, pending the hearing and determination of the appeal taken herein,
Now, upon reading and filing the affidavit of Patrick S. Kenney, Esq. sworn to February 14, 2011, the affidavit of Anita L. Rosario sworn to February 11, 2011, the notice of motion with proof of service thereof, and the affidavit of Wayne C. Felle, Esq. sworn to February 28, 2011, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is denied.
Memorandum: Because appellants can obtain an automatic stay (see CPLR 5519 [a] [2]; 5519 [b] [3]), a discretionary stay is not available pursuant to CPLR 5519 (c) (see Sullivan v Troser Mgt., Inc., 30 AD3d 1118 [2006]; Kightlinger v Kightlinger, 231 AD2d 969 [1996]).
Entered: March 14, 2011
Patricia L. Morgan, Clerk