| CONLEY & SON EXCAVATING CO., LTD. V THE DELTA ALLIANCE, LLC MCDONALD'S REAL ESTATE COMPANY OF COLUMBIA, MARYLAND RE |
| Motion No: CA 13-01818 |
| Slip Opinion No: 2013 NY Slip Op 90116(U) |
| Decided on October 24, 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., CENTRA, FAHEY, PERADOTTO, AND CARNI, JJ.
DOCKET NO. CA 13-01818
| CONLEY & SON EXCAVATING CO., LTD., PLAINTIFF-RESPONDENT,
V THE DELTA ALLIANCE, LLC, DEFENDANT, MCDONALD'S REAL ESTATE COMPANY OF COLUMBIA, MARYLAND,
DEFENDANT-APPELLANT, RE MASONRY, INC., CARATOZZOLO ELECTRIC, LLC, A.M. STERN, INC., ASSOCIATED FIRE PROTECTION CORP., VRD
DECORATING, INC., ET. AL., DEFENDANTS. |
Appellant having moved, pursuant to CPLR 5519, 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 Seneca on September 18, 2013, pending the hearing and determination of the appeal taken herein,
Now, upon reading and filing the affidavit of Michael D. Gadarian, Esq., sworn to October 10, 2013, the notice of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is denied without prejudice to appellant moving in Supreme Court to modify the order being appealed.
Entered: October 24, 2013
Frances E. Cafarell, Clerk