PRESENT: SCUDDER, P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.

DOCKET NO. CA 12-01351

PALLADIAN HEALTH, LLC, AND PRISM HOLDINGS, INC., PLAINTIFFS-RESPONDENTS, V SUMMER STREET CAPITAL II, L.P., SUMMER STREET CAPITAL NYS FUND II, L.P., SSC II PRISM HOLDINGS, INC. AND SSC NYS II PRISM HOLDINGS, INC., DEFENDANTS-APPELLANTS.

Appellants having moved, upon the return of an order to show cause granted by the Honorable Eugene M. Fahey on July 18, 2012, for a stay of all proceedings to enforce an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on July 2, 2012, pending the hearing and determination of the appeal taken herein, and for other relief,

Now, upon reading and filing the affirmations of James P. Domagalski, Esq., dated July 10, 2012, received July 25, 2012, and dated July 26, 2012, the affidavit of Brian T. D'Amico sworn to August 13, 2012, the statement of Nicholas J. DiCesare, Esq., dated August 24, 2012, said order to show cause with proof of service thereof, the affidavit of Paul Candino sworn to August 6, 2012, and the affidavits of Eric T. Dadd, Esq., sworn to July 17, 2012, August 7, 2012, and August 16, 2012, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted to the extent of vacating Supreme Court's order insofar as it stayed American Arbitration Case No. 15-193-Y-00126-11 (the "Arbitration"), pending this Court's determination of the appeal.

Entered: September 6, 2012

Frances E. Cafarell, Clerk