| IGNATIUS MAGNANI AND KATHERINE MAGNANI V ACCADIA SITE CONTRACTING, INC. AND COUNTY OF ERIE |
| Motion No: CA 17-00841 |
| Slip Opinion No: 2017 NY Slip Op 74822(U) |
| Decided on May 23, 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 17-00841
| IGNATIUS MAGNANI AND KATHERINE MAGNANI,
PLAINTIFFS-RESPONDENTS, V ACCADIA SITE CONTRACTING, INC. AND COUNTY OF ERIE,
DEFENDANTS-APPELLANTS. |
Appellants having moved to stay the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on April 20, 2016,
Now, upon reading and filing the affidavit of Ann M. Campbell, Esq., sworn to May 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 dismissed without prejudice to a motion to vacate dismissal of the appeal (see 22 NYCRR 1000.13 [g]).
Entered: May 23, 2017
Frances E. Cafarell, Clerk