Opinion
DOCKET NO. CA 17-01368
09-06-2017
HEATHER R. ODDO AND CHRISTOPHER ODDO, PLAINTIFFS-APPELLANTS-RESPONDENTS, v. CITY OF BUFFALO, CITY OF BUFFALO POLICE DEPARTMENT AND JAMES DUFFY, DEFENDANTS-RESPONDENTS-APPELLANTS.
PRESENT:
Plaintiffs having moved to stay a trial scheduled in Supreme Court for September 21, 2017, pursuant to CPLR 5519 (a) (1) or (c), pending the 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 October 28, 2016,
Now, upon reading and filing the affirmation of R. Thomas Burgasser, Esq., dated August 7, 2017, and 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 (see Matter of White v City of Jamestown, 242 AD2d 979; Baker v Board of Educ. of W. Irondequoit School Dist., 152 AD2d 1014).
Entered: September 6, 2017
Frances E. Cafarell, Clerk