| BRUCE D. SMITH V TRIPLE-O MECHANICAL, INC., AND LUKE GIANNONE |
| Motion No: CA 23-01292 AND CA 23-01312 |
| Slip Opinion No: 2023 NY Slip Op 73395(U) |
| Decided on September 7, 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. |
PRESENT: WHALEN, P.J., SMITH, LINDLEY, CURRAN, AND BANNISTER, JJ.
CA 23-01292 AND CA 23-01312
| BRUCE D. SMITH, PLAINTIFF-RESPONDENT, V TRIPLE-O MECHANICAL, INC.,
AND LUKE GIANNONE, DEFENDANTS-APPELLANTS. |
Appellants having moved upon the return of an order to show cause pursuant to CPLR 5519 [c] granted by Honorable E. Jeannette Ogden on August 8, 2023, for a stay of all proceedings to enforce the orders of the Supreme Court, Genesee County, entered June 30, 2023 and August 2, 2023, pending the hearing and determination of the appeals 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 insofar as it seeks a stay of enforcement of the orders appealed pursuant to CPLR 5519 [c] is granted, on the condition that the appeals are perfected on or before September 27, 2023 and, if the appeals are so perfected, they shall be added to the term of this Court commencing November 27, 2023.
Entered: September 7, 2023
Ann Dillon Flynn
Clerk of the Court