| ATASH IMANVERDI AND SHEILA IMANVERDI V BRYAN G. POPOVICI, DPM, INDIVIDUALLY AND AS AN AGENT, OFFICER AND/OR EMPLOYEE OF |
| Motion No: CA 12-00885 |
| Slip Opinion No: 2012 NY Slip Op 74733(U) |
| Decided on May 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, PERADOTTO, AND CARNI, JJ.
DOCKET NO. CA 12-00885
| ATASH IMANVERDI AND SHEILA IMANVERDI, PLAINTIFFS-APPELLANTS,
V BRYAN G. POPOVICI, DPM, INDIVIDUALLY AND AS AN AGENT, OFFICER AND/OR EMPLOYEE OF BRYAN G. POPOVICI, DPM, PC, BY AND THROUGH
ITS AGENTS, OFFICERS AND/OR EMPLOYEES AND ST. JOSEPH'S HOSPITAL HEALTH CENTER, BY AND THROUGH ITS AGENTS, OFFICERS AND/OR EMPLOYEES,
DEFENDANTS-RESPONDENTS. |
Plaintiffs having moved, upon the return of an order to show cause granted by the Honorable Edward D. Carni on May 11, 2012, for a stay of enforcement of the order of the Supreme Court entered in the Office of the Clerk of the County of Onondaga on April 23, 2012, or, in the alternative, for a stay of proceedings in said Court, pending the hearing and determination of the appeal taken herein,
Now, upon reading and filing the affirmations of Aaron J. Ryder, Esq., dated May 2, 2012, and May 16, 2012, said show cause order with proof of service thereof, and the affidavits of Meghann N. Roehl, Esq., sworn to May 7, 2012, and May 15, 2012, and due deliberation having been had thereon,
It is hereby ORDERED that the motion insofar as it seeks to stay enforcement of that part of the order entered April 23, 2012, awarding costs and attorney fees to defendants is granted, pending the hearing and determination of the appeal, and
It is further ORDERED that the motion is otherwise denied.
Entered: May 25, 2012
Frances E. Cafarell, Clerk