Opinion
DOCKET NO. CA 13-01039
07-17-2013
TAMAICA M. TAYLOR, PLAINTIFF-APPELLANT, v. MARICA A. BIRDSONG, DEFENDANT-THIRD-PARTY PLAINTIFF-RESPONDENT-APPELLANT, v. DAVID VANGALIO, THIRD-PARTY DEFENDANT-RESPONDENT. TAMAICA M. TAYLOR, PLAINTIFF-APPELLANT, v. DAVID VANGALIO, DEFENDANT-RESPONDENT-APPELLANT.
PRESENT: , J.P., CENTRA, FAHEY, CARNI, AND VALENTINO, JJ.
Plaintiff-appellant having moved for a stay of a trial pending the determination of this appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on May 1, 2013, having moved to expedite the appeal, and having moved for permission to proceed as a poor person on the appeal,
Now, upon reading and filing the affirmations of Frank S. Falzone, Esq., dated June 10, 2013, and received June 21, 2013, the affidavit of Tamaica Taylor sworn to April 30, 2013, the notice of motion with proof of service thereof, and the affirmation of Andrew J. Kowalewski, Esq., dated June 18, 2013, and due deliberation having been had thereon,
It is hereby ORDERED that the motion insofar as it seeks to expedite the appeal is dismissed as premature (see 22 NYCRR 1000.10 [d]), and
It is further ORDERED that the motion is otherwise denied.
Frances E. Cafarell, Clerk