| ACQUEST WEHRLE, LLC V TOWN OF AMHERST, DR. SATISH MOHAN, DEBORAH BRUCH BUCKI, WILLIAM L. KINDEL, MICHAEL G. MCGUIRE |
| Motion No: CA 13-00503 |
| Slip Opinion No: 2013 NY Slip Op 73835(U) |
| Decided on May 14, 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 13-00503
| ACQUEST WEHRLE, LLC, PLAINTIFF-RESPONDENT, V
TOWN OF AMHERST, DR. SATISH MOHAN, DEBORAH BRUCH BUCKI, WILLIAM L. KINDEL, MICHAEL G. MCGUIRE, SHELLY SCHRATZ, DANIEL J.
WARD, MARK A. MANNA, DEFENDANTS-APPELLANTS, BARRY A. WEINSTEIN AND GUY M. MARLETTE,
DEFENDANTS. |
Appellants Town of Amherst, Dr. Satish Mohan, Deborah Bruch Bucki, William L. Kindel, Michael G. McGuire, Shelly Schratz, and Daniel J. Ward having moved for a stay of a trial, pursuant to CPLR 5519 (a) (1) or (c), pending the 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 October 16, 2012,
Now, upon reading and filing the affidavit of Alan P. McCracken, Esq. sworn to March 20, 2013, the notice of motion with proof of service thereof, and the affirmation of Matthew D. Miller, Esq., dated April 9, 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; Baker v Board of Educ. of W. Irondequoit School Dist., 152 AD2d 1014).
Entered: May 14, 2013
Frances E. Cafarell, Clerk