| ANN MASON V ERIC D. CARUANA . ERIC D. CARUANA, V EXXON MOBIL OIL CORPORATION . |
| Motion No: CA 19-01152 |
| Slip Opinion No: 2019 NY Slip Op 75446(U) |
| Decided on July 17, 2019 |
| 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: PERADOTTO, J.P., LINDLEY, NEMOYER, CURRAN, AND TROUTMAN, JJ.
CA 19-01152
| ANN MASON, PLAINTIFF-RESPONDENT, V ERIC D. CARUANA,
DEFENDANT-APPELLANT, ET AL. DEFENDANTS. ERIC D. CARUANA, THIRD-PARTY PLAINTIFF, V EXXON MOBIL OIL CORPORATION, ET AL.,
THIRD-PARTY DEFENDANTS. |
Appellant having moved for a stay, pursuant to CPLR 5519 (c), of all proceedings to enforce an order of the Supreme Court, Monroe County, entered May 16, 2019, pending the hearing and determination of the appeal taken herein from said order,
Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is denied insofar as it seeks a discretionary stay pursuant to CPLR 5519 (c) without prejudice to a motion in Supreme Court for an automatic stay pursuant to CPLR 5519 (a) (6) (see Norcross v Cook, 199 AD2d 1079 [4th Dept 1993]).
Entered: July 17, 2019
Mark W. Bennett
Clerk of the Court