| IN THE MATTER OF NEW YORK CENTRAL MUTUAL FIRE INSURANCE COMPANY V EVELYN M. SWARTS |
| Motion No: CA 15-01616 |
| Slip Opinion No: 2015 NY Slip Op 88353(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 CARNI, JJ.
DOCKET NO. CA 15-01616
| IN THE MATTER OF NEW YORK CENTRAL MUTUAL FIRE INSURANCE COMPANY,
PETITIONER-APPELLANT, V EVELYN M. SWARTS, RESPONDENT-RESPONDENT. |
Appellant having moved, pursuant to CPLR 5519 (c), 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 September 15, 2015, pending the hearing and determination of the appeal taken herein,
Now, upon reading and filing the affidavits of Marco Cercone, Esq., sworn to September 23, 2015, and October 1, 2015, the notice of motion with proof of service thereon, and the affidavit of Evelyn M. Swarts sworn to September 27, 2015, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is denied.
Entered: October 21, 2015
Frances E. Cafarell, Clerk