JOANN ABBO-BRADLEY, INDIVIDUALLY AND AS PARENT AND NATURAL GUARDIAN OF DYLAN J. BRADLEY, TREVOR A. BRADLEY AND CHASE Q.
Motion No: CA 14-01158
Slip Opinion No: 2015 NY Slip Op 84778(U)
Decided on September 15, 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.


September 15, 2015

PRESENT: SCUDDER, P.J., CENTRA, LINDLEY, AND DEJOSEPH, JJ.

DOCKET NO. CA 14-01158
DOCKET NO. CA 15-01307

JOANN ABBO-BRADLEY, INDIVIDUALLY AND AS PARENT AND NATURAL

GUARDIAN OF DYLAN J. BRADLEY, TREVOR A. BRADLEY AND CHASE

Q. BRADLEY, INFANTS, ZACHARY HERR AND MELANIE HERR,

INDIVIDUALLY AND AS PARENTS AND NATURAL GUARDIANS OF

COLETON HERR AND HEATHER HERR, INFANTS, AND NATHAN E.

KORSON AND ELENA KORSON, INDIVIDUALLY AND AS PARENTS AND

NATURAL GUARDIANS OF LOGAN J. KORSON, AN INFANT,

PLAINTIFFS-APPELLANTS,

V

CITY OF NIAGARA FALLS, ET AL., DEFENDANTS,

OP-TECH ENVIRONMENTAL SERVICES, NIAGARA FALLS WATER BOARD,

GLENN SPRINGS HOLDINGS, INC., GROSS PHC LLC, AND SEVENSON

ENVIRONMENTAL SERVICES, INC., DEFENDANTS-RESPONDENTS.

JOANN ABBO-BRADLEY, INDIVIDUALLY AND AS PARENT AND NATURAL

GUARDIAN OF DYLAN J. BRADLEY, TREVOR A. BRADLEY AND CHASE Q.

BRADLEY, INFANTS, ZACHARY HERR AND MELANIE HERR, INDIVIDUALLY

AND AS PARENTS AND NATURAL GUARDIANS OF COLETON HERR AND

HEATHER HERR, INFANTS, AND NATHAN E. KORSON AND ELENA KORSON,

INDIVIDUALLY AND AS PARENTS AND NATURAL GUARDIANS OF LOGAN J.

KORSON, AN INFANT, PLAINTIFFS-APPELLANTS,

V

CITY OF NIAGARA FALLS, ET AL., DEFENDANTS,

OP-TECH ENVIRONMENTAL SERVICES, NIAGARA FALLS WATER BOARD,

GLENN SPRINGS HOLDINGS, INC., GROSS PHC LLC, AND SEVENSON

ENVIRONMENTAL SERVICES, INC., DEFENDANTS-RESPONDENTS.


Appellants having moved for clarification of the order of this Court entered February 13, 2015, in the appeal taken from an order of the Supreme Court entered in the Office of the Clerk of the County of Niagara on December 4, 2013 (docket No. CA 14-01158), and

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 Niagara on July 2, 2015 (docket No. CA 15-01307), pending the hearing and determination of the appeal taken herein,

Now, upon reading and filing the affirmations of William H. Mack, Esq., dated August 5, 2015, and August 27, 2015, the notice of motion with proof of service thereof, and the affirmation of Kevin M. Hogan, Esq., dated August 24, 2015, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is denied.

Entered: September 15, 2015

Frances E. Cafarell, Clerk