| SINATRA & COMPANY REAL ESTATE, LLC, AND ELMWOOD RETAIL GROUP, LLC V 1000 ELMWOOD ASSOCIATES, LLC, |
| Motion No: CA 21-01354 |
| Slip Opinion No: 2021 NY Slip Op 75512(U) |
| Decided on December 2, 2021 |
| 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 21-01354
| SINATRA & COMPANY REAL ESTATE, LLC, AND ELMWOOD RETAIL
GROUP, LLC, PLAINTIFFS-RESPONDENTS, V 1000 ELMWOOD ASSOCIATES, LLC, ET AL. DEFENDANTS KLW APPRAISAL
GROUP, INC, AND S & T BANK, NON PARTY -APPELLANTS.
|
Appellants having moved for a stay of all proceedings to enforce an order of the Supreme Court, Erie County, entered September 10, 2021, 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 granted, and all proceedings to enforce the order entered September 10, 2021, are hereby stayed, pending the hearing and determination of the appeal, on the condition that the appeal is perfected on or before December 27, 2021, and if so perfected, the appeal shall be added to the second week of the term of this Court commencing February 14, 2022.
It is further ORDERED that if the appeal is perfected on or before December 27, 2021, the respondent's brief shall be filed and served in accordance with this Court's rules on or before January 21, 2022.
Entered: December 2, 2021
Ann Dillon Flynn
Clerk of the Court