| PETER W. BEYER, JR. V FAMILY VIDEO MOVIE CLUB, INC., ZOOM TAN, INC., AND ROCKFORD CONSTRUCTION CO. |
| Motion No: CA 15-01066 |
| Slip Opinion No: 2015 NY Slip Op 84091(U) |
| Decided on September 10, 2015 |
| 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, PERADOTTO, AND CARNI, JJ.
DOCKET NO. CA 15-01066
| PETER W. BEYER, JR., PLAINTIFF-RESPONDENT, V FAMILY VIDEO MOVIE
CLUB, INC., ZOOM TAN, INC., AND ROCKFORD CONSTRUCTION CO., DEFENDANTS-APPELLANTS. |
Appellants having moved, pursuant to CPLR §§ 5519 (c) and 2201, for a stay of the damages trial pending the hearing and determination of the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on February 12, 2015,
Now, upon reading and filing the affidavit of Anthony F. DeStefano, Esq., sworn to August 14, 2015, the notice of motion with proof of service thereof, and the affirmation of Sean E. Cooney, Esq, dated September 1, 2015, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is denied.
Entered: September 10, 2015
Frances E. Cafarell, Clerk