| RICHARD BIANCHI, ANGELO BIANCHI, AND JOSEPH ERRIGO V MIDTOWN REPORTING SERVICE, INC. DOING BUSINESS AS MIDTOWN |
| Motion No: CA 17-00387 |
| Slip Opinion No: 2017 NY Slip Op 66687(U) |
| Decided on March 6, 2017 |
| 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: WHALEN, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.
DOCKET NO. CA 17-00387
| RICHARD BIANCHI, ANGELO BIANCHI, AND JOSEPH ERRIGO,
PLAINTIFFS-RESPONDENTS, V MIDTOWN REPORTING SERVICE, INC. DOING BUSINESS AS MIDTOWN REPORTING SERVICE,
DEFENDANT-APPELLANT. |
Appellant having moved for a stay of enforcement, pursuant to CPLR 5519 (c), of an order of the Supreme Court entered in the Office of the Clerk of the County of Monroe on January 25, 2017, pending the hearing and determination of the appeal taken herein,
Now, upon reading and filing the affidavit of Timothy D. Boldt, Esq., sworn to February 23, 2017, the affidavit of Gary Pooler sworn to March 3, 2017, and the notice of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is denied without prejudice to an application in Supreme Court pursuant to CPLR 5519 (a) (2) (see Kightlinger v Kightlinger, 231 AD2d 969).
Entered: March 6, 2017
Frances E. Cafarell, Clerk