| DAVID CULTRARA V TRAVELERS |
| Motion No: CA 18-00215 |
| Slip Opinion No: 2018 NY Slip Op 65554(U) |
| Decided on February 26, 2018 |
| 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 18-00215
| DAVID CULTRARA, PLAINTIFF-RESPONDENT, V TRAVELERS,
DEFENDANT-APPELLANT. |
Appellant having moved, upon the return of an order to show cause granted by the Honorable Erin M. Peradotto on January 31, 2018, for a stay of all proceedings to enforce order of the Supreme Court entered in the Office of the Clerk of the County of Erie on December 13, 2017, pending the hearing and determination of the appeal taken herein,
Now, upon reading and filing the affirmations of Leo T. Fabrizi, Esq., dated January 29, 2018, and January 31, 2018, said show cause order with proof of service thereof, and the affidavit of Aaron F. Glazer, Esq., sworn to January 30, 2018, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted and all proceedings to enforce the order appealed are stayed pursuant to CPLR 5519 (c), pending the hearing and determination of the appeal on the condition that appellant perfects the appeal on or before March 23, 2018, and
It is further ORDERED that if the appeal is so perfected on or before March 23, 2018, then the matter shall be added to the term of this Court commencing May 14, 2018.
Entered: February 26, 2018
Mark W. Bennett, Clerk