IN THE MATTER OF MERCY HEALTH AND REHABILITATION CENTER V JANET DEFALCO
Motion No: CA 14-00709
Slip Opinion No: 2014 NY Slip Op 73329(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.


May 27, 2014

PRESENT: SCUDDER, P. J., SMITH, FAHEY, PERADOTTO, AND CARNI, JJ.

DOCKET NO. CA 14-00709

IN THE MATTER OF MERCY HEALTH AND REHABILITATION CENTER,

PETITIONER-RESPONDENT,

V

JANET DEFALCO, RESPONDENT-APPELLANT.


Appellant having moved, upon the return of an order to show cause granted by the Honorable Edward D. Carni on April 10, 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 Cayuga on February 27, 2014, pending the hearing and determination of the appeal taken herein,

Now, upon reading and filing the affidavits of Gabrielle Mardany Hope, Esq., sworn to April 7, 2014, and April 24, 2014, said show cause order with proof of service thereof, the affidavit of Josephine Yan-Patyi, Esq., sworn to April 9, 2014, and the affidavit of Anthony A. Marrone, II, Esq., sworn to May 9, 2014, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted on the condition that the appeal is perfected on or before June 26, 2014, and

It is further ORDERED that if the appeal is perfected by June 26, 2014, the appeal is added to the term of this Court commencing October 20, 2014.

Entered: May 27, 2014

Frances E. Cafarell, Clerk