| RICHARD T. MCGIVERON AND LYNN MCGIVERON V RYAN P. DENHAESE, M.D. , TANYA S. GEIST, P.A. |
| Motion No: CA 13-00516 |
| Slip Opinion No: 2013 NY Slip Op 70728(U) |
| Decided on April 12, 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 13-00516
Index No: 2009-5178
| RICHARD T. MCGIVERON AND LYNN MCGIVERON,
PLAINTIFFS-RESPONDENTS, V RYAN P. DENHAESE, M.D., ET AL., DEFENDANTS, TANYA S. GEIST, P.A.,
DEFENDANT-APPELLANT. |
Appellant having moved to expedite the appeal taken herein from an order of Supreme Court entered in the Office of the Clerk of the County of Erie on January 10, 2013, or, in the alternative, a stay the trial pending the determination of the appeal,
Now, upon reading and filing the affidavits of Elizabeth G. Adymy, Esq., sworn to March 27, 2013, and April 2, 2013, the notice of motion with proof of service thereof, and the affidavit of Emily G. Catalano, Esq., sworn to April 4, 2013, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is denied insofar as it seeks to expedite the appeal, and
It is further ORDERED that the motion insofar as it seeks a stay is denied (see Crumb v Rodgers, 234 AD2d 1015; Matter of White v City of Jamestown, 242 AD2d 979, 980; Baker v Board of Educ. of W. Irondequoit School Dist., 152 AD2d 1014; Rhodes v Mosher, 115 AD2d 351; Schwartz v New York City Hous. Auth., 219 AD2d 47, 48).
Entered: April 12, 2013
Frances E. Cafarell, Clerk