| ARIA CONTRACTING CORPORATION AND JAMES F. JERGE, JR. V HISCOCK & BARCLAY, LLP, HISCOCK BARCLAY SAPESTON & DAY AND |
| Motion No: CA 12-01611 |
| Slip Opinion No: 2012 NY Slip Op 88775(U) |
| Decided on October 23, 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., CENTRA, PERADOTTO, CARNI, AND LINDLEY, JJ.
DOCKET NO. CA 12-01611
| ARIA CONTRACTING CORPORATION AND JAMES F. JERGE, JR.,
PLAINTIFFS-RESPONDENTS, V HISCOCK & BARCLAY, LLP, HISCOCK BARCLAY SAPESTON & DAY AND MICHAEL E. FERDMAN,
ESQ., DEFENDANTS-APPELLANTS. |
Defendants-appellants having moved, upon the return of an order to show cause granted by the Honorable Erin M. Peradotto on September 28, 2012, for a continuation of the stay of the entry of judgment against defendants-appellants pending the hearing and determination of the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on August 21, 2012,
Now, upon reading and filing the affidavits of Terrence M. Connors, Esq., sworn to August 27, 2012, and September 21, 2012, said show cause order with proof of service thereof, the affirmation of Kevin A. Szanyi, Esq., dated August 28, 2012, and the affirmation of Thomas S. Lane, Esq., dated September 21, 2012, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted and entry of judgment is stayed pending this Court's hearing and determination of this appeal, on the condition that the appeal is perfected on or before December 26, 2012.
Entered: October 23, 2012
Frances E. Cafarell, Clerk