LILLIAN C., INDIVIDUALLY AND AS GUARDIAN OF STEFANIE C., AN INFANT V CITY OF SYRACUSE
Motion No: CA 23-00764
Slip Opinion No: 2023 NY Slip Op 68736(U)
Decided on June 12, 2023
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.


June 12, 2023

PRESENT: WHALEN, P.J., SMITH, PERADOTTO, LINDLEY, AND CURRAN, JJ.

CA 23-00764

LILLIAN C., INDIVIDUALLY AND AS GUARDIAN OF STEFANIE C., AN

INFANT, PLAINTIFF-RESPONDENT,

V

CITY OF SYRACUSE, DEFENDANT-APPELLANT,

ET AL., DEFENDANTS.


Appellant having moved for a calendar preference in the appeal taken herein from an order of the Supreme Court, Onondaga County, entered May 1, 2023 or, in the alternative, to stay the trial of this action in Supreme Court,

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 insofar as it seeks a calendar preference is denied, and

It is further ORDERED that the motion insofar as it seeks to stay the trial of this action in Supreme Court is denied (see CPLR 2201; Rhodes v Mosher, 115 AD2d 351 [4th Dept 1985]; Matter of White v City of Jamestown, 242 AD2d 979, 980 [4th Dept 1997]).

Entered: June 12, 2023

Ann Dillon Flynn

Clerk of the Court