| SYSCO SYRACUSE, LLC V STUART EGAN, III AND MAINES PAPER & FOOD SERVICE, INC. |
| Motion No: CA 12-02121 |
| Slip Opinion No: 2012 NY Slip Op 92536(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 12-02121
| SYSCO SYRACUSE, LLC, PLAINTIFF-RESPONDENT, V STUART EGAN, III AND MAINES PAPER & FOOD
SERVICE, INC., DEFENDANTS-APPELLANTS. |
Appellants 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 Onondaga on November 8, 2012, pending the hearing and determination of the appeal taken herein, and having moved to expedite the appeal taken herein,
Now, upon reading and filing the affidavit of Frank W. Miller, Esq., sworn to November 9, 2012, the notice of motion with proof of service thereof, and the affidavit of Paul W. Woodard, Esq., sworn to November 16, 2012, and due deliberation having been had thereon,
It is hereby ORDERED that the motion insofar as it seeks a stay is denied, and
It is further ORDERED that the motion insofar as it seeks to expedite the appeal is dismissed as premature (see 22 NYCRR 1000.10 [d]).
Entered: November 30, 2012
Frances E. Cafarell, Clerk