| RICHARD METCALF, SR., AS ADMINISTRATOR OF THE ESTATE OF RICHARD METCALF, JR., DECEASED V COUNTY OF ERIE, EDWARD |
| Motion No: CA 24-01888 |
| Slip Opinion No: 2025 NY Slip Op 63603(U) |
| Decided on February 20, 2025 |
| 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: LINDLEY, J.P., CURRAN, BANNISTER, AND MONTOUR, JJ.
CA 24-01888
| RICHARD METCALF, SR., AS ADMINISTRATOR OF THE ESTATE OF RICHARD
METCALF, JR., DECEASED, PLAINTIFF-RESPONDENT, V COUNTY OF ERIE, EDWARD KAWALEK, ROBERT STATES, AND SCOTT EMERLING,
DEFENDANTS-APPELLANTS, ET AL., DEFENDANTS. |
Appellants having moved, upon the return of an order to show cause granted by the Honorable Craig D. Hannah on January 9, 2025, for a stay of all proceedings to enforce an order of the Supreme Court, Erie County, entered October 30, 2024, 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 denied as unnecessary on the ground that enforcement of the order is automatically stayed (see CPLR 5519 [a] [1]), and
It is further ORDERED, that this action is stayed pending appeal.
Entered: February 20, 2025
Ann Dillon Flynn
Clerk of the Court