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Palladian Health, LLC v. Summer St. Capital II, L.P.

Appellate Division of the Supreme Court of the State of New York
Sep 6, 2012
2012 N.Y. Slip Op. 83834 (N.Y. App. Div. 2012)

Opinion

Motion No: CA 12-01351

09-06-2012

PALLADIAN HEALTH, LLC, AND PRISM HOLDINGS, INC., PLAINTIFFS-RESPONDENTS, v. SUMMER STREET CAPITAL II, L.P., SUMMER STREET CAPITAL NYS FUND II, L.P., SSC II PRISM HOLDINGS, INC. AND SSC NYS II PRISM HOLDINGS, INC., DEFENDANTS-APPELLANTS.


PRESENT: , P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.

Appellants having moved, upon the return of an order to show cause granted by the Honorable Eugene M. Fahey on July 18, 2012, for a stay of all proceedings to enforce an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on July 2, 2012, pending the hearing and determination of the appeal taken herein, and for other relief,

Now, upon reading and filing the affirmations of James P. Domagalski, Esq., dated July 10, 2012, received July 25, 2012, and dated July 26, 2012, the affidavit of Brian T. D'Amico sworn to August 13, 2012, the statement of Nicholas J. DiCesare, Esq., dated August 24, 2012, said order to show cause with proof of service thereof, the affidavit of Paul Candino sworn to August 6, 2012, and the affidavits of Eric T. Dadd, Esq., sworn to July 17, 2012, August 7, 2012, and August 16, 2012, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted to the extent of vacating Supreme Court's order insofar as it stayed American Arbitration Case No. 15-193-Y-00126-11 (the "Arbitration"), pending this Court's determination of the appeal.

Frances E. Cafarell, Clerk


Summaries of

Palladian Health, LLC v. Summer St. Capital II, L.P.

Appellate Division of the Supreme Court of the State of New York
Sep 6, 2012
2012 N.Y. Slip Op. 83834 (N.Y. App. Div. 2012)
Case details for

Palladian Health, LLC v. Summer St. Capital II, L.P.

Case Details

Full title:PALLADIAN HEALTH, LLC, AND PRISM HOLDINGS, INC., PLAINTIFFS-RESPONDENTS…

Court:Appellate Division of the Supreme Court of the State of New York

Date published: Sep 6, 2012

Citations

2012 N.Y. Slip Op. 83834 (N.Y. App. Div. 2012)