Opinion
Motion No CA 23-00306
04-10-2023
ANNE MACKIEWICZ, AS EXECUTRIX OF THE ESTATE OF PAUL O. JESSEN, DECEASED, PLAINTIFF-RESPONDENT, v. AUTUMN VIEW HEALTH CARE FACILITY, AUTUMN VIEW HEALTH CARE FACILITY, LLC, THE MCGUIRE GROUP, INC., VESTRA SPVI, LLC, AND VESTRA SPV2, LLC, DEFENDANTS-APPELLANTS.
Unpublished Opinion
MOTION DECISION
PRESENT: WHALEN, P.J., SMITH, PERADOTTO, LINDLEY, AND CURRAN, JJ.
Appellants having moved for a stay of proceedings, including discovery, and for a calendar preference in the appeal taken herein from an order of the Supreme Court, Erie County, entered November 14, 2022,
Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon, It is hereby ORDERED that the motion insofar as it seeks a stay of proceedings is denied without prejudice to a motion pursuant to CPLR 2201 in Supreme Court (Rhodes v Mosher, 115 A.D.2d 351 [4th Dept 1985]), and
It is further ORDERED that the motion insofar as it seeks a calendar preference is dismissed as premature.