| MONARCH COMPANIES, INC. v DELAWARE NORTH COMPANIES TRAVEL HOSPITALITY SERVICES, INC. |
| Motion No: CA 12-02064 |
| Slip Opinion No: 2012 NY Slip Op 92534(U) |
| Decided on November 30, 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 12-02064
| MONARCH COMPANIES, INC. AND MONARCH/DNC BUFFALO AIRPORT FORMERLY KNOWN AS BUFFALO
ENCOUNTER, PLAINTIFFS-RESPONDENTS, V DELAWARE NORTH COMPANIES TRAVEL HOSPITALITY SERVICES, INC.,
FORMERLY KNOWN AS CA ONE SERVICES, INC., DEFENDANT-APPELLANT. |
Appellant having moved 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 August 17, 2012, pending the hearing and determination of the appeal taken herein, and for an order directing that all funds held in the temporary receiver's account be returned to appellant,
Now, upon reading and filing the affirmation and statement of Kevin M. Kearney, Esq., dated November 9, 2012, and November 19, 2012, the notice of motion with proof of service thereof, and the affirmation fo Mark R. Uba, Esq., dated November 16, 2012, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is denied.
Entered: November 30, 2012
Frances E. Cafarell, Clerk