Opinion
DOCKET NO. CA 17-01298
08-23-2017
SHERI SCAVONE AND MARY MAGNAN, PLAINTIFFS-RESPONDENTS, v. CAMPBELL MEADOWS CONDOMINIUM ASSOCIATION, INC., ET AL., DEFENDANTS-APPELLANTS.
PRESENT:
Appellants having moved for a stay of a preliminary injunction issued by Supreme Court and for curative relief pursuant to CPLR 5520 (c) to remedy a typographical error on the notice of appeal taken herein with respect to an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on June 9, 2017,
Now, upon reading and filing the affirmation of Joseph DeMarie, Esq., dated July 17, 2017, the notice of motion with proof of service thereof, and the affidavit of Patrick M. McNeils, Esq., sworn to July 24, 2017, and due deliberation having been had thereon,
It is hereby ORDERED that the motion insofar as it seeks a stay of the preliminary injunction is denied without prejudice to an application to affix an undertaking in Supreme Court (see CPLR 6312 [b]), and
It is further ORDERED that the motion is granted insofar as it seeks curative relief pursuant to CPLR 5520 (c), and the notice of appeal is deemed to be a valid appeal taken form the order entered June 9, 2017.
Entered: August 23, 2017
Frances E. Cafarell, Clerk