Opinion
Motion No: CA 12-01779
01-09-2013
AMERICAN TOWER ASSET SUB, LLC AND AMERICAN TOWER ASSET SUB II, LLC, PLAINTIFFS-APPELLANTS, v. BUFFALO-LAKE ERIE WIRELESS SYSTEMS, CO., LLC, DEFENDANT-RESPONDENT.
PRESENT: , P.J., CENTRA, LINDLEY, SCONIERS, AND MARTOCHE, JJ.
Appellants having moved, pursuant to CPLR 5519 (c), to stay a trial pending the hearing and determination of the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on June 25, 2012,
Now, upon reading and filing the affirmations of Elizabeth M. Bergen, Esq., dated December 18, 2012, and January 4, 2013, the notices of motion with proof of service thereof, and the affirmation of Thomas J. Gaffney, Esq., dated January 2, 2013, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is denied (see Matter of White v City of Jamestown, 242 AD2d 979, 980; Baker v Board of Educ. of W. Irondequiot School Dist., 152 AD2d 1014).
Frances E. Cafarell, Clerk