| SAMUEL J. CIGNARALE AND CHRISTINE CIGNARALE V ROCHESTER INSTITUTE OF TECHNOLOGY AND THE PIKE COMPANY |
| Motion No: CA 12-01190 |
| Slip Opinion No: 2012 NY Slip Op 79901(U) |
| Decided on July 24, 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: CENTRA, J.P., FAHEY, CARNI, AND LINDLEY, JJ.
DOCKET NO. CA 12-01190
| SAMUEL J. CIGNARALE AND CHRISTINE CIGNARALE,
PLAINTIFFS-RESPONDENTS, V ROCHESTER INSTITUTE OF TECHNOLOGY, DEFENDANT, AND THE PIKE COMPANY,
DEFENDANT-APPELLANT. |
Appellant having moved to stay a damages trial, pursuant to CPLR 5519 (c), pending the determination of the appeal taken herein from a judgment of the Supreme Court entered in the Office of the Clerk of the County of Monroe on January 13, 2012,
Now, upon reading and filing the affirmations of Eileen E. Buholtz, Esq., dated June 26, 2012, and July 13, 2012, the notice of motion with proof of service thereof, and the affirmation of Mark J. Valerio, Esq., dated July 12, 2012, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is denied (see Matter of White v City of Jamestown, 242 AD2d 979, 980; Baker v Board of Educ. of W. Irondequoit School Dist., 152 AD2d 1014).
Entered: July 24, 2012
Frances E. Cafarell, Clerk