| INTEGRATED VOICE & DATE SYSTEMS, INC., DOING BUSINESS AS COMTEL AND COMTEL VOIP, INC. V MICHAEL GROH, FRANK LEWANDOWSKI |
| Motion No: CA 15-01607 |
| Slip Opinion No: 2015 NY Slip Op 88347(U) |
| Decided on October 21, 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 WHALEN, JJ.
DOCKET NO. CA 15-01607
DOCKET NO. CA 15-01608
| INTEGRATED VOICE & DATE SYSTEMS, INC., DOING BUSINESS AS COMTEL AND
COMTEL VOIP, INC., PLAINTIFFS-RESPONDENTS, V MICHAEL GROH, FRANK LEWANDOWSKI, DEFENDANTS, AND AT TECHNOLOGY, INC.,
DEFENDANT-APPELLANT. (APPEAL NO. 1.) INTEGRATED VOICE & DATE SYSTEMS, INC., DOING BUSINESS AS COMTEL AND COMTEL VOIP, INC.,
PLAINTIFFS-RESPONDENTS, V MICHAEL GROH, FRANK LEWANDOWSKI, DEFENDANTS, AND AT TECHNOLOGY, INC., DEFENDANT-APPELLANT.
(APPEAL NO. 2.) |
Defendant-appellant having moved, upon the return of an order to show cause granted by the Honorable Gerald J. Whalen on October 2, 2015, for a stay to enforce portions of the order of the Supreme Court entered in the Office of the Clerk of the County of Erie on August 3, 2015 (appeal No. 1), pending the hearing and determination of the appeal taken herein, and having moved to consolidate that appeal with an appeal taken herein from an order of same court entered September 16, 2015 (appeal No. 2),
Now, upon reading and filing the affirmation of Linda H. Joseph, Esq., dated September 21, 2015, said show cause order with proof of service thereof, the affidavit of Deborah J. Chadsey, Esq., sworn to September 28, 2015, and the affidavit of David Adams sworn to September 28, 2015, and due deliberation having been had thereon,
It is hereby ORDERED that the motion insofar as it seeks a stay is granted pending the hearing and determination of the appeal taken herein, except that defendants are restricted from soliciting, contacting, or interfering with or disrupting customer relationships with any customers plaintiffs-respondents were doing business with in the telecommunications business as of August 3, 2015, and
It is further ORDERED that the motion insofar as it seeks to consolidate the appeals is granted, and the appeals from the orders entered August 3, 2015, and September 16, 2015, are hereby consolidated for the purposes of perfecting and arguing the appeals.
Entered: October 21, 2015
Frances E. Cafarell, Clerk