PRESENT: SCUDDER, P. J., SMITH, PERADOTTO, WHALEN, AND MARTOCHE, JJ.

DOCKET NO. CA 13-01103

IN THE MATTER OF SMALL SMILES LITIGATION.

Appellants FORBA Holdings, LLC, now known as Church Street Health

Management, LLC, FORBA NY, LLC, Small Smiles Dentistry of Albany, LLC, Albany Access Dentistry, PLLC, Small Smiles Dentistry of Rochester, LLC, and Small Smiles Dentistry of Syracuse, LLC (FORBA) having moved, upon the return of an order to show cause granted by the Honorable Edward D. Carni granted on June 18, 2013, for a stay of enforcement, pending the hearing and determination of the appeal taken herein, of that part of paragraph three of the order of the Supreme Court entered in the Office of the Clerk of the County of Onondaga on May 29, 2013, directing FORBA to produce "Corporate Integrity documents",

Now, upon reading and filing the affirmation of Robert P. Cahalan, Esq., dated June 10, 2013, said show cause order with proof of service thereof, the affirmation of Michael J. Hutter, Esq., dated July 8, 2013, and the affirmation of David I. Ackerman, Esq., dated July 16, 2013, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted, and all proceedings to enforce the portion order entered May 29, 2013, set forth above are hereby stayed pending the hearing and determination of the appeal taken herein, on the condition that FORBA perfects the appeal on or before September 16, 2013.

Entered: August 16, 2013

Frances E. Cafarell, Clerk