| KEVIN MCINTOSH V INTERNATIONAL BROTHERHOOD OF TEAMSTERS, LOCAL UNION 118 |
| Motion No: CA 18-00907 |
| Slip Opinion No: 2018 NY Slip Op 75774(U) |
| Decided on June 18, 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 18-00907
| KEVIN MCINTOSH, PLAINTIFF-RESPONDENT, V INTERNATIONAL
BROTHERHOOD OF TEAMSTERS, LOCAL UNION 118, DEFENDANT-APPELLANT. |
Appellant having moved, pursuant to CPLR 2201 and 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 Monroe on March 20, 2018, pending the hearing and determination of the appeal taken herein,
Now, upon reading and filing the affirmation of Lucinda Lapoff, Esq., dated May 17, 2018, the notice of motion with proof of service thereof, and the affidavit of R. Scott DeLuca, Esq., sworn to May 31, 2018, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is denied without prejudice to a motion in Supreme Court for a stay of proceedings (see CPLR 2201; Rhodes v Mosher,115 AD2d 351 [4th Dept 1985]).
Entered: June 18, 2018
Mark W. Bennett, Clerk