Opinion
DOCKET NO. CA 14-00444
04-15-2014
IN THE MATTER OF RICCELLI ENTERPRISES, INC., ET AL., PETITIONERS-PLAINTIFFS, 70 SHELDON, INC., ET AL., INTERVENOR PETITIONERS-PLAINTIFFS, SHEA NASSAU SUFFOLK DELIVERY CORP., SPEED MOTOR EXPRESS OF WESTERN NEW YORK, INC., 2255 KENMORE AVENUE LLC, CARRIER TERMINAL SERVICES, INC., INTEGRATED QUALITY SOLUTIONS LLC AND SPEED INTERNATIONAL, INC., INTERVENORS PETITIONERS-PLAINTIFFS-RESPONDENTS. v. STATE OF NEW YORK WORKERS' COMPENSATION BOARD, AND ROBERT E. BELOTEN, AS CHAIRMAN OF THE WORKERS' COMPENSATION BOARD, AND SAFE, LLC, RESPONDENTS-DEFENDANTS-APPELLANTS.
PRESENT: , P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
Respondents-defendants having moved, pursuant to CPLR 5518 and 5519 (c), to limit the stay granted by the order of the Supreme Court entered in the Office of the Clerk of the County of Onondaga on February 19, 2014, pending the hearing and determination of the appeal taken herein,
Now, upon reading and filing the affirmation of Scott T. Harms, Esq., dated March 4, 2014, the notice of motion with proof of service thereof, the affirmation of Patricia S. Naugton, Esq., dated March 20, 2014, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted, and the stay contained in Supreme Court's order entered February 19, 2014, is limited to intervenors petitioners-plaintiffs Shea Nassau Suffolk Delivery Corp., Speed Motor Express of Western New York, Inc., 2255 Kenmore Avenue LLC, Carrier Terminal Services, Inc., Integrated Quality Solutions LLC, and Speed International, Inc.
Memorandum: This order does not affect any other stay issued in this matter.
Frances E. Cafarell, Clerk