| RYAN NICASTRO V NEW YORK CENTRAL MUTUAL FIRE INSURANCE COMPANY |
| Motion No: CA 13-01136 |
| Slip Opinion No: 2013 NY Slip Op 80007(U) |
| Decided on July 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: SMITH, J.P., CENTRA, FAHEY, CARNI, AND VALENTINO, JJ.
DOCKET NO. CA 13-01136
| RYAN NICASTRO, PLAINTIFF-RESPONDENT, V NEW YORK
CENTRAL MUTUAL FIRE INSURANCE COMPANY, DEFENDANT-APPELLANT. |
Appellant having moved, upon the return of an order to show cause granted by the Honorable Rose H. Sconiers on June 21, 2013, for a stay of all proceedings to enforce an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on June 3, 2013, pending the hearing and determination of the appeal taken herein,
Now, upon reading and filing the affidavits of Marco Cercone, Esq., sworn to June 18, 2013, and July 10, 2013, said show cause order with proof of service thereof, and the affidavit of Elizabeth A. Kraengel, Esq., sworn to June 20, 2013, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted on the condition that appellant perfects the appeal on or before September 16, 2013.
Entered: July 18, 2013
Frances E. Cafarell, Clerk