| CLOUGH HARBOUR & ASSOCIATES, LLP V FALLS BRIDGE DEVELOPMENT LLC |
| Motion No: CA 14-01556 |
| Slip Opinion No: 2014 NY Slip Op 83855(U) |
| Decided on September 16, 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., CENTRA, FAHEY, PERADOTTO, AND CARNI, JJ.
DOCKET NO. CA 14-01556
| CLOUGH HARBOUR & ASSOCIATES, LLP, PLAINTIFF-RESPONDENT,
V FALLS BRIDGE DEVELOPMENT LLC, DEFENDANT-APPELLANT. |
Appellant having moved 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 Erie on August 4, 2014, pending the hearing and determination of the appeal taken herein, or, in the alternative, to expedite the appeal,
Now, upon reading and filing the affirmation and statement of Daniel J. Altieri, Esq., dated August 25, 2014, the notice of motion with proof of service thereof, the affirmation of Amber E. Storr, Esq., dated August 29, 2014, and the statement of Christopher A. Cardillo, Esq., dated August 29, 2014, and due deliberation having been had thereon,
It is hereby ORDERED that the motion insofar as it seeks a stay is denied, and
It is further ORDERED that the motion insofar as it seeks to expedite the appeal is dismissed as premature (see 22 NYCRR 1000.10 [d]).
Entered: September 16, 2014
Frances E. Cafarell, Clerk