| CONLEY & SON EXCAVATING CO., LTD. V THE DELTA ALLIANCE, LLC , AND MCDONALD'S REAL ESTATE COMPANY OF COLUMBIA, MARYLAND |
| Motion No: CA 14-00790 |
| Slip Opinion No: 2014 NY Slip Op 73324(U) |
| Decided on May 27, 2014 |
| 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 CARNI, JJ.
DOCKET NO. CA 14-00790
| CONLEY & SON EXCAVATING CO., LTD., PLAINTIFF-RESPONDENT,
V THE DELTA ALLIANCE, LLC, ET AL., DEFENDANTS, AND MCDONALD'S REAL ESTATE COMPANY OF COLUMBIA, MARYLAND,
DEFENDANT-APPELLANT. |
Appellant having moved, upon the return of an order to show cause granted by the Honorable Edward D. Carni on April 28, 2014, 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 April 3, 2014, pending the hearing and determination of the appeal taken herein,
Now, upon reading and filing the affidavit of Michael D. Gadarian, Esq., sworn to April 11, 2014, the affidavit of James L. Sonneborn, Esq., sworn to April 29, 2014, said show cause order with proof of service thereof, and the affirmation of Jason B. Bailey, Esq., dated April 17, 2014, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is denied.
Entered: May 27, 2014
Frances E. Cafarell, Clerk