| MARY ANN CELANI, INDIVIDUALLY AND AS PARENT AND NATURAL GUARDIAN OF MARIA TERRITO, AN INFANT OVER THE AGE OF 14 YEARS |
| Motion No: CA 17-00407 |
| Slip Opinion No: 2017 NY Slip Op 69790(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 TROUTMAN, JJ.
DOCKET NO. CA 17-00407
| MARY ANN CELANI, INDIVIDUALLY AND AS PARENT AND NATURAL GUARDIAN
OF MARIA TERRITO, AN INFANT OVER THE AGE OF 14 YEARS OLD, PLAINTIFF-RESPONDENT, V ALLSTATE INDEMNITY COMPANY,
DEFENDANT-APPELLANT AND LOUIS TERRITO, DEFENDANT. |
Appellant having moved, pursuant to CPLR 5519 (c), upon the return of an order to show cause granted by the Honorable Shirley Troutman on February 24, 2017, 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 December 7, 2016, pending the hearing and determination of the appeal taken herein,
Now, upon reading and filing the affirmation of Jessica L. Foscolo, Esq., dated February 21, 2017, said show cause order with proof of service thereof, the affidavit of John A. Collins, Esq., sworn to February 23, 2017, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted, and all proceedings to enforce the order entered December 7, 2016, are hereby stayed pending the hearing and determination of the appeal taken herein, on the condition that appellant perfect the appeal on or before May 4, 2017, and
It is further ORDERED that if the appeal is perfected on or before May 4, 2017, the appeal is to be added to the calendar for the term of this Court commencing September 5, 2017.
Entered: April 4, 2017
Frances E. Cafarell, Clerk