Opinion
DOCKET NO. CA 13-00363
04-02-2013
CELLINO & BARNES, P.C., PLAINTIFF-RESPONDENT, v. MARTIN, LISTER & ALVAREZ, P.C., DEFENDANT-APPELLANT.
PRESENT: , P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
Appellant having moved for a stay of further proceedings in Supreme Court pending the hearing and determination of the appeal taken herein from an order of Supreme Court entered in the Office of the Clerk of the County of Erie on January 14, 2013,
Now, upon reading and filing the affirmation of Anthony D. Parone, Esq., dated February 26, 2013, the notice of motion with proof of service thereof, and the affidavit of Gregory V. Pajak, Esq., sworn to March 5, 2013, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is denied (see Schwartz v New York City Hous. Auth., 219 AD2d 47, 48; Crumb v Rodgers, 234 AD2d 1015; Rhodes v Mosher, 115 AD2d 351).
Frances E. Cafarell, Clerk