Opinion
DOCKET NO. CA 13-00059
01-17-2013
BRANDYWINE PAVERS, LLC, PLAINTIFF-RESPONDENT, v. PAT J. BOMBARD, DEFENDANT-APPELLANT, ERMA C. JERVA, ET AL., DEFENDANTS.
PRESENT: , P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
Appellant having moved, upon the return of an order to show cause granted by the Honorable John V. Centra on January 11, 2013, for a stay or modified stay of all proceedings to enforce an amended judgment of the Supreme Court entered in the Office of the Clerk of the County of Onondaga on November 15, 2012, pending the hearing and determination of the appeal taken herein, and having moved for other relief, and,
Appellant having also appealed from orders of said court entered in the Office of the Clerk of the County of Onondaga on December 24, 2012, January 9, 2013, and January 10, 2013,
Now, upon reading and filing the affirmation of Robert A. Romeo, Esq., dated January 10, 2013, the papers submitted therewith, said show cause order with proof of service thereof, the affirmation of David Contiguglia, Esq., dated January 11, 2013, the affidavit of Thomas W. Cusimano, Jr., Esq., sworn to January 14, 2013, and the papers submitted therewith, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted to the extent that all proceedings to enforce the amended judgment entered November 15, 2012, including any sale of the property at issue, are stayed pursuant to CPLR 5519 (a) (6) on both the condition that (i) on or before February 1, 2013, appellant gives an undertaking in the amount of $120,000 that complies with the requirements of CPLR 5519 (a) (6) and CPLR article 25; and (ii) on or before February 19, 2013, appellant perfects the appeal from the amended judgment entered November 15, 2012, in which case the appeal shall be added to the Court's calendar for the term commencing May 13, 2013.
Frances E. Cafarell, Clerk