PHILIP J. SIMAO, PRIME, LLC, DEALMAKER DODGE, LLC (FOR ITSELF AND AS SUCCESSOR BY MERGER TO DEALMAKER AUTO SALES, LLC)

PHILIP J. SIMAO, PRIME, LLC, DEALMAKER DODGE, LLC (FOR ITSELF AND AS SUCCESSOR BY MERGER TO DEALMAKER AUTO SALES, LLC)

Motion No: CA 14-01111

Slip Opinion No: 2014 NY Slip Op 78568(U)

Decided on July 18, 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.

July 18, 2014

PRESENT: SMITH, J.P., FAHEY, CARNI, AND SCONIERS, JJ.

DOCKET NO. CA 14-01111

PHILIP J. SIMAO, PRIME, LLC, DEALMAKER DODGE, LLC (FOR
ITSELF AND AS SUCCESSOR BY MERGER TO DEALMAKER AUTO SALES,
LLC), DEALMAKER AUTO GROUP, LLC, V.M. PAOLOZZI IMPORTS, INC.,
DOING BUSINESS AS DEALMAKER HONDA OF WATERTOWN, DEALMAKER
OF POTSDAM, LLC, DOING BUSINESS AS DEALMAKER HONDA OF
POTSDAM, DEALMAKER NISSAN, LLC, DEALMAKER FORD OF CLAY, LLC, B & J
AUTO SALES, INC., DOING BUSINESS AS DEALMAKER FORD OF
OGDENSBURG, DEALMAKER OF OGDENSBURG, LLC, DEALMAKER, LLC,
DOING BUSINESS AS DEALMAKER CHEVY, DEALMAKER LEASING, LLC,
TOPED DEVELOPMENT, LLC, ONONDAGA DEVELOPMENT, LLC, ROUTE 57
DEVELOPMENT, LLC, LIBERTY SACKETS HARBOR, LLC, IVES HILL
COUNTRY CLUB, LLC, PLAINTIFFS-APPELLANTS,
V
BONADIO & CO., LLP, DEFENDANT-RESPONDENT.

Appellants having moved, pursuant to CPLR 5519, for a stay of the proceedings in Supreme Court pending the determination of the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Jefferson on April 4, 2014,

Now, upon reading and filing the statement of David A. Johns, Esq., received June 20, 2014, the notice of motion with proof of service thereof, and the affirmation of David J. Edwards, Esq., dated June 26, 2014, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is denied.

Entered: July 18, 2014

Frances E. Cafarell, Clerk