| KENNETH KITTINGER V JAMES SABUDA, - . |
| Motion No: CA 19-01943 |
| Slip Opinion No: 2019 NY Slip Op 85523(U) |
| Decided on December 2, 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: WHALEN, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.
CA 19-01943
| KENNETH KITTINGER, PLAINTIFF-RESPONDENT, V JAMES SABUDA,
DEFENDANT-APPELLANT, ET AL., DEFENDANT. |
Appellant having moved, pursuant to 5519 (c), for a stay of all proceedings to enforce an order of the Supreme Court, Erie County, entered October 16, 2019, pending the hearing and determination of the appeal taken herein,
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 granted, on the condition that appellant perfects the appeal on or before December 23, 2019, and if the appeal is so perfected, then the matter shall be added to the term of this Court commencing February 18, 2020.
Entered: December 2, 2019
Mark W. Bennett
Clerk of the Court