| DANIEL C. BRYNDLE V THOMAS J. GERULA, - . |
| Motion No: CA 17-00446 |
| Slip Opinion No: 2017 NY Slip Op 69788(U) |
| Decided on April 4, 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, CARNI, AND LINDLEY, JJ.
DOCKET NO. CA 17-00446
| DANIEL C. BRYNDLE, PLAINTIFF-APPELLANT, V THOMAS J. GERULA,
DEFENDANT-RESPONDENT, ET AL., DEFENDANTS. |
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 January 27, 2017, pending the hearing and determination of the appeal taken herein,
Now, upon reading and filing the affirmation of Geffrey Gismondi, Esq., dated March 6, 2017, the notice of motion with proof of service thereof, and the affidavit of Steven B. Bengart, Esq., sworn to March 15, 2017, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is denied.
Entered: April 4, 2017
Frances E. Cafarell, Clerk