Opinion
DOCKET NO. CA 13-01818
10-24-2013
CONLEY & SON EXCAVATING CO., LTD., PLAINTIFF-RESPONDENT, v. THE DELTA ALLIANCE, LLC, DEFENDANT, MCDONALD'S REAL ESTATE COMPANY OF COLUMBIA, MARYLAND, DEFENDANT-APPELLANT, RE MASONRY, INC., CARATOZZOLO ELECTRIC, LLC, A.M. STERN, INC., ASSOCIATED FIRE PROTECTION CORP., VRD DECORATING, INC., ET. AL., DEFENDANTS.
PRESENT: , P.J., CENTRA, FAHEY, PERADOTTO, AND CARNI, JJ.
Appellant having moved, pursuant to CPLR 5519, 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 Seneca on September 18, 2013, pending the hearing and determination of the appeal taken herein,
Now, upon reading and filing the affidavit of Michael D. Gadarian, Esq., sworn to October 10, 2013, the notice of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is denied without prejudice to appellant moving in Supreme Court to modify the order being appealed.
Frances E. Cafarell, Clerk