| FRED DAVIES AND MARC FISHER, AS CO-EXECUTORS OF THE ESTATE OF IRVING H. ROSENBERG, DECEASED V MADELYNE JERRY AND GULF & |
| Motion No: CA 12-01903 |
| Slip Opinion No: 2012 NY Slip Op 89236(U) |
| Decided on October 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, FAHEY, AND PERADOTTO, JJ.
DOCKET NO. CA 12-01903
| FRED DAVIES AND MARC FISHER, AS CO-EXECUTORS OF THE
ESTATE OF IRVING H. ROSENBERG, DECEASED, PLAINTIFFS-APPELLANTS, V MADELYNE JERRY AND GULF & WESTERN AERO
DEVELOPMENT, LLC, DEFENDANTS-RESPONDENTS. |
Appellants having moved, upon the return of an order to show cause granted by the Honorable John V. Centra on October 9, 2012, for a stay of all proceedings to enforce the third ordering paragraph of an order of the Supreme Court entered in the Office of the Clerk of the County of Onondaga on August 29, 2012, pending the hearing and determination of the appeal taken herein,
Now, upon reading and filing the affirmation of Martha L. Berry, Esq., dated September 24, 2012, said show cause order with proof of service thereof, the affirmation of Daniel R. Seidberg, Esq., dated October 1, 2012, and the affirmation of Suzanne M. Messer, Esq., dated October 1, 2012, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted, to the extent that all proceedings to enforce the third ordering paragraph of the order entered August 29, 2012, are hereby stayed pending the hearing and determination of the appeal taken herein, on the condition that appellants perfect the appeal on or before November 8, 2012.
Entered: October 25, 2012
Frances E. Cafarell, Clerk