| MARCONE APW, LLC V SERVALL COMPANY, KARL P. ROSENHAHN AND MARK J. CREIGHTON |
| Motion No: CA 11-00440 |
| Slip Opinion No: 2011 NY Slip Op 70514(U) |
| Decided on April 18, 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., PERADOTTO, LINDLEY, GREEN, AND GORSKI, JJ.
DOCKET NO. CA 11-00440
| MARCONE APW, LLC, PLAINTIFF-RESPONDENT, V SERVALL COMPANY,
KARL P. ROSENHAHN AND MARK J. CREIGHTON, DEFENDANTS-APPELLANTS. |
Respondent having moved, upon the return of an order to show cause granted by the Honorable Samuel L. Green on March 11, 2011, for an order sealing Exhibit 51 (pages 38-47 of Volume 1 of the Appendix) and Exhibit B (pages 364-386 of Volume 2 of the Appendix) filed with this Court by respondent on March 2, 2011, in opposition to appellants' motion for a stay of enforcement of an order of the Supreme Court entered in the Office of the Clerk of the County of Erie, on February 8, 2011,
Now, upon reading and filing the affirmations of Chad W. Flansburg, Esq. dated March 9, 2011, and March 28, 2011, the said show cause order with proof of service thereof, and the affirmation of B. Kevin Burke, Jr., Esq. dated March 21, 2011, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted without prejudice to a motion to unseal the exhibits after this Court hears and determines the appeal.
Entered: April 18, 2011
Patricia L. Morgan, Clerk