| PRICE TRUCKING CORP., FOR ITSELF AND ALL OTHER SIMILARLY SITUATED TRUST FUND BENEFICIARIES OF CERTAIN TRUST FUNDS |
| Motion No: CA 12-02386 |
| Slip Opinion No: 2013 NY Slip Op 62402(U) |
| Decided on January 18, 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., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
DOCKET NO. CA 12-02386
| PRICE TRUCKING CORP., FOR ITSELF AND ALL OTHER SIMILARLY
SITUATED TRUST FUND BENEFICIARIES OF CERTAIN TRUST FUNDS PURSUANT TO NEW YORK LIEN LAW ARTICLE 3-A,
PLAINTIFF-RESPONDENT, V NORAMPA INDUSTRIES, INC., ET AL., DEFENDANTS, AND FIRST NIAGARA BANK, N.A.,
DEFENDANT-APPELLANT. |
Appellant having moved for a stay of all further proceedings, except those related to discovery, pending this Court's 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 December 6, 2012,
Now, upon reading and filing the affirmation of David L. Rasmussen, Esq., dated December 21, 2012, the notice of motion with proof of service thereof, and the affidavit of Thomas K. O'Gara, Esq., sworn to January 4, 2013, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is denied, without prejudice to appellant making a motion for the same relief in Supreme Court (see CPLR 2201; Rhodes v Mosher, 115 AD2d 351; Schwartz v New York City Hous. Auth., 219 AD2d 47, 48).
Entered: January 18, 2013
Frances E. Cafarell, Clerk