| AMERICAN TOWER ASSET SUB, LLC AND AMERICAN TOWER ASSET SUB II, LLC V BUFFALO-LAKE ERIE WIRELESS SYSTEMS, CO., LLC |
| Motion No: CA 12-01779 |
| Slip Opinion No: 2013 NY Slip Op 60917(U) |
| Decided on January 9, 2013 |
| 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, LINDLEY, SCONIERS, AND MARTOCHE, JJ.
DOCKET NO. CA 12-01779
| AMERICAN TOWER ASSET SUB, LLC AND AMERICAN TOWER
ASSET SUB II, LLC, PLAINTIFFS-APPELLANTS, V BUFFALO-LAKE ERIE WIRELESS SYSTEMS, CO., LLC,
DEFENDANT-RESPONDENT. |
Appellants having moved, pursuant to CPLR 5519 (c), to stay a trial 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 June 25, 2012,
Now, upon reading and filing the affirmations of Elizabeth M. Bergen, Esq., dated December 18, 2012, and January 4, 2013, the notices of motion with proof of service thereof, and the affirmation of Thomas J. Gaffney, Esq., dated January 2, 2013, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is denied (see Matter of White v City of Jamestown, 242 AD2d 979, 980; Baker v Board of Educ. of W. Irondequiot School Dist., 152 AD2d 1014).
Entered: January 9, 2013
Frances E. Cafarell, Clerk