PRESENT: WHALEN, P.J., SMITH, CENTRA, PERADOTTO, AND LINDLEY, JJ.

DOCKET NO. CA 16-00502

ONE FLINT ST. LLC AND DHD VENTURES NEW YORK, LLC, PLAINTIFFS-RESPONDENTS, V EXXON MOBIL CORPORATION AND EXXON MOBIL OIL CORPORATION, DEFENDANTS-APPELLANTS, GENESEE SCRAP & TIN BALING CO., INC., ET AL., DEFENDANTS.

Appellants having moved, pursuant to CPLR 5519 (c), upon the return of an order to show cause granted by the Honorable Stephen K. Lindley on March 25, 2016, for a discretionary stay of enforcement the order of the Supreme Court entered in the Office of the Clerk of the County of Monroe on March 4, 2016, pending the hearing and determination of the appeal taken herein,

Now, upon reading and filing the affirmation of Patricia Prezioso, Esq., dated March 22, 2016, said show cause order with proof of service thereof, the affirmation of Alan J. Knauf, Esq., dated April 22, 2016, and the affidavit of Peter Morton, C.P.G., sworn to April 22, 2016, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted, and all proceedings to enforce the order entered March 4, 2016, are hereby stayed pending the hearing and determination of the appeal taken herein, on the condition that appellants perfect the appeal on or before July 1, 2016, and

It is further ORDERED that if the appeal is perfected on or before July 1, 2016, the appeal is to be added to the calendar for the term of this Court commencing October 17, 2016, and respondents' brief shall be filed and served on or before August 1, 2016.

Entered: May 17, 2016

Frances E. Cafarell, Clerk