| LYNDA LANNIE AND FRED LANNIE, HER HUSBAND V SCOTT A. EDISON, M.D., ASSOCIATED GASTROENTEROLOGISTS OF CENTRAL NEW YORK |
| Motion No: CA 13-00421 |
| Slip Opinion No: 2013 NY Slip Op 69509(U) |
| Decided on April 4, 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 13-00421
| LYNDA LANNIE AND FRED LANNIE, HER HUSBAND,
PLAINTIFF-RESPONDENT, V SCOTT A. EDISON, M.D., ASSOCIATED GASTROENTEROLOGISTS OF CENTRAL NEW YORK, PC,
DEFENDANTS-APPELLANTS. SCOTT A. EDISON, M.D., ASSOCIATED GASTROENTEROLOGISTS OF CENTRAL NEW YORK, PC, THIRD PARTY
PLAINTIFFS-APPELLANTS. V TARGET CORPORATION, TARGET STORES, TARGET CORPORATE SERVICES, INC., WILLIAM TILLAPAUGH,
JOHN AND JANE DOES, THIRD-PARTY DEFENDANTS-RESPONDENTS. |
Scott A. Edison, M.D. and Associated Gastroenterologists of Central New York, PC, having moved, pursuant to CPLR 5519 (c), for a stay of all proceedings, including 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 Onondaga on February 11, 2013,
Now, upon reading and filing the affidavit of C. Taylor Payne, Esq., sworn to March 8, 2013, the notice of motion with proof of service thereof, the affirmation of Jennifer Caggiano, Esq., dated March 13, 2013, and the affidavit of Brain M. Gargano, Esq., sworn to March 15, 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; Crumb v Rodgers, 234 AD2d 1015; Baker v Board of Educ. of W. Irondequoit School Dist., 152 AD2D 1014; Schwartz v New York City Hous. Auth., 219 AD2d 48, 48; Rhodes v Mosher, 115 AD2d 351).
Entered: April 4, 2013
Frances E. Cafarell, Clerk