| THOMAS BURNS AND KARI BURNS V CIANBRO CORPORATION AND DESTINY USA HOLDINGS, LLC |
| Motion No: CA 10-02277 |
| Slip Opinion No: 2011 NY Slip Op 70524(U) |
| Decided on April 20, 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: SMITH, J.P, CENTRA, FAHEY, PERADOTTO, AND CARNI, JJ.
DOCKET NO. CA 10-02277
| THOMAS BURNS AND KARI BURNS, PLAINTIFFS-RESPONDENTS, V
CIANBRO CORPORATION AND DESTINY USA HOLDINGS, LLC, DEFENDANTS-APPELLANTS. |
Appellants having moved to reinstate the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Onondaga on August 11, 2010, and to stay a trial scheduled for May 23, 2011,
Now, upon reading and filing the affidavit of Christopher Simone, Esq. sworn to March 31, 2011, the notice of motion with proof of service thereof, the affidavit of Frank A. Bersani, Jr., Esq. sworn to April 4, 2011, and the affidavit of Juan C. Gonzalez, Esq. sworn to April 8, 2011, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is denied.
Entered: April 20, 2011
Patricia L. Morgan, Clerk