| CELLINO & BARNES, P.C. V MARTIN, LISTER & ALVAREZ, P.C. |
| Motion No: CA 13-00363 |
| Slip Opinion No: 2013 NY Slip Op 69470(U) |
| Decided on April 2, 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 13-00363
| CELLINO & BARNES, P.C., PLAINTIFF-RESPONDENT, V
MARTIN, LISTER & ALVAREZ, P.C., DEFENDANT-APPELLANT. |
Appellant having moved for a stay of further proceedings in Supreme Court pending the hearing and determination of the appeal taken herein from an order of Supreme Court entered in the Office of the Clerk of the County of Erie on January 14, 2013,
Now, upon reading and filing the affirmation of Anthony D. Parone, Esq., dated February 26, 2013, the notice of motion with proof of service thereof, and the affidavit of Gregory V. Pajak, Esq., sworn to March 5, 2013, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is denied (see Schwartz v New York City Hous. Auth., 219 AD2d 47, 48; Crumb v Rodgers, 234 AD2d 1015; Rhodes v Mosher, 115 AD2d 351).
Entered: April 2, 2013
Frances E. Cafarell, Clerk