| JOANN HOELTKE AND DONALD HOELTKE V ALLCARE DENTAL AND DENTURES |
| Motion No: CA 12-00052 |
| Slip Opinion No: 2012 NY Slip Op 62316(U) |
| Decided on January 25, 2012 |
| 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 PERADOTTO, JJ.
DOCKET NO. CA 12-00052
| JOANN HOELTKE AND DONALD HOELTKE, PLAINTIFFS-APPELLANTS,
V ALLCARE DENTAL AND DENTURES, DEFENDANT-RESPONDENT. |
Respondent having moved for a stay of the appeal from an order of the Supreme Court entered in the Office of the Clerk of the County of Monroe on November 26, 2011, pending the outcome of respondent's Chapter 7 bankruptcy proceeding,
Now, upon reading and filing the affidavit of Stephen A. Manuele, Esq., sworn to December 28, 2011, the affidavit of Michael J. Garvey, Esq., sworn to January 4, 2012, the notice of motion with proof of service thereof, and the affirmation of Marino A. FernÁndez, Jr., Esq., dated January 12, 2012, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is dismissed.
Memorandum: If all proceedings in this action are truly stayed under the Bankruptcy Law (see 11 USC § 362), then it is unnecessary for this Court to grant a stay (cf. Gianniny v Gianniny, 207 AD2d 1037).
Entered: January 25, 2012
Frances E. Cafarell, Clerk