KELLIANN ELNISKI V NIAGARA FALLS COACH LINES, INC., RAEANNE ARGY-TYLER AND MICHAEL J. DOWD
Motion No: CA 12-00826
Slip Opinion No: 2012 NY Slip Op 74132(U)
Decided on May 16, 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.


May 16, 2012

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

DOCKET NO. CA 12-00826

KELLIANN ELNISKI, PETITIONER-APPELLANT,

V

NIAGARA FALLS COACH LINES, INC.,

RAEANNE ARGY-TYLER AND

MICHAEL J. DOWD, RESPONDENTS-RESPONDENTS.


Appellant having moved, upon the return of an order to show cause granted by the Honorable Rose H. Sconiers on May 2, 2012, for a stay of all proceedings to enforce an order and judgment of the Supreme Court entered in the Office of the Clerk of the County of Erie on April 20, 2012, pending the hearing and determination of the appeal taken herein,

Now, upon reading and filing the affirmation of Michael C. O'Neill, Esq., dated May 2, 2012, the order to show cause with proof of service thereof, the affidavit of Howard S. Rosenhoch, Esq., sworn to May 11, 2012, and the affirmation of Michael C. O'Neill, Esq., dated May 14, 2012, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted, and all proceedings to enforce the order and judgment entered April 20, 2012, are hereby stayed pending the hearing and determination of the appeal taken herein, on the condition that appellant perfects the appeal on or before July 16, 2012.

Entered: May 16, 2012

Frances E. Cafarell, Clerk