Opinion
Motion No: CA 14-01627
10-29-2014
TAMMY GARDNER, PLAINTIFF-APPELLANT, v. NATHAN KORTHALS, DEFENDANT-RESPONDENT.
PRESENT: , SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
Appellant having moved, upon the return of an order to show cause granted by the Honorable Erin M. Peradotto on September 5, 2014, for a stay of enforcement of an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on September 3, 2014, pending the hearing and determination of the appeal taken herein,
Now, upon reading and filing the affidavit of Tammy Gardner sworn to September 2, 2014, the affidavit of Andrew F. Emborsky, Esq., sworn to September 3, 2014, the affirmation of Andrew F. Emborsky, Esq., dated October 9, 2014, said show cause order with proof of service there, the affidavit of Barbara Kilbridge, Esq. sworn to September 3, 2014, and the affidavit of Barbara Kilbridge, Esq., sworn to October 6, 2014, and the affirmation of Mindy L. Marranca, Esq., dated September 29, 2014, 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 3, 2014, are hereby stayed pending the hearing and determination of the appeal taken herein, on the condition that appellant perfects the appeal on or before December 29, 2014.
Entered: October 29, 2014
Frances E. Cafarell, Clerk