PRESENT: WHALEN, P.J., CENTRA, CARNI, LINDLEY AND SCUDDER, JJ.

DOCKET NO. CA 16-00084

DAVID WEGMAN DOING BUSINESS AS ANGELS IN YOUR HOME, PLAINTIFF-RESPONDENT, V MARCO ALTIERI, JEAN PIERRE GARVEY, JAIDY ROSARIO-DELGADO, DANIELA ROSARIO-DELGADO, MOLLY SLIFER, SEAN O'BRIEN, ELISA HECKATHORN, BEYRI PAYAMPS-DELGADO, GLIDEOWAN LLC DOING BUSINESS AS ALL AMERICAN HOME CARE, DEFENDANTS-APPELLANTS.

Appellants having moved, upon the return of an order to show cause granted by the Honorable Henry J. Scudder on January 15, 2016, to modify a preliminary injunction of the Supreme Court entered in the Office of the Clerk of the County of Monroe on January 15, 2016, and for other relief,

Now, upon reading and filing the affirmation of F. Michael Ostrander, Esq., dated January 15, 2016, the statement of F. Michael Ostrander, Esq., dated February 11, 2016, the affidavits of Marco Altieri sworn to December 21, 2015, and February 10, 2016, the affidavit of Sean O'Brien sworn to December 14, 2015, the affidavits of Elisa Heckathorn sworn to December 8, 2015, and February 10, 2016, the affidavit of Waikuen Ayan sworn December 9, 2015, the affidavit of Beyri Payamps-Delgado sworn to December 9, 2015, the affidavit of Jennifer Pierre Garvey sworn to December 8, 2015, the affidavit of Molly Slifer sworn to December 8, 2015, the statement of Donald W. O'Brien, Jr., Esq., dated January 15, 2016, the affidavit of Heather Ash Pereira sworn to February 8, 2016, the affidavit of Eugene Spinning sworn to February 10, 2016, said show cause order with proof of service thereof, the statements of Richard A. McGuirk, Esq., dated January 29, 2016, and February 19, 2016, the affidavits of Andrew Wegman sworn to January 29, 2016, February 19, 2016, the affidavit of Faye Sugar sworn to January 29, 2016, and the affidavit of Greg Zimmer sworn to February 18, 2016, and due deliberation having been had thereon,

It is hereby ORDERED that the motion insofar as it seeks to modify the preliminary injunction is granted and the preliminary injunction is modified to permit appellants to continue servicing all of their current customers, and

It is further ORDERED the motion insofar as it seeks to further modify the preliminary injunction is denied, and

It is further ORDERED that the motion insofar as it seeks to increase the amount of the undertaking affixed by Supreme Court is denied, and

It is further ORDERED that the motion insofar as it seeks to expedite the appeal is denied as premature (see 22 NYCRR 1000.13 [m]; 1000.10 [d]).

Entered: February 29, 2016

Frances E. Cafarell, Clerk