Opinion
Motion No: CA 14-00619
10-28-2014
CSMC 2007-C1 OSWEGO ROAD, LLC, PLAINTIFF-RESPONDENT, v. KIMBROOK ROUTE 31, LLC, PHILIP J. SIMAO, DEFENDANTS-APPELLANTS, ET AL., DEFENDANTS.
PRESENT: , SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
Respondent having moved, pursuant to CPLR 2221, for leave to renew appellant's prior motion on the appeal taken herein from a judgment of the Supreme Court entered in the Office of the Clerk of the County of Onondaga on February 28, 2014, which had sought modification of the undertaking set by Supreme Court in connection with the stay of enforcement afforded by CPLR 5519 (a) (6), and
Appellants having cross-moved, pursuant to CPLR 2221, for leave to renew appellants' prior motion on this appeal, which had sought modification of the undertaking set by Supreme Court in connection with the stay of enforcement afforded by CPLR 5519 (a) (6), and having cross-moved for costs, fees and sanctions pursuant to 22 NYCRR §§ 130-1.1 (c) and 1000.16,
Now, upon reading and filing the affirmations of Maureen T. Bass, Esq., dated August 14, 2014, and September 19, 2014, the affirmations of Stephen A. Donato, Esq., dated September 15, 2014, and October 8, 2014, the statement of Christopher P. Schueller, Esq., dated September 19, 2014, the notices of motion and cross motion with proof of service thereof, and the affidavit of Williams C. Colucci sworn to October 7, 2014, and due deliberation having been had thereon,
It is hereby ORDERED that the motion and cross motion are denied.
Entered: October 28, 2014
Frances E. Cafarell, Clerk