Opinion
DOCKET NO. CA 14-01425
09-17-2014
DONALD SCHULTZ AND KATHERINE SCHULTZ, PLAINTIFFS-RESPONDENTS, v. EXCELSIOR ORTHOPAEDICS, LLP, ANDREW C. STOECKL, M.D., DEFENDANTS-RESPONDENTS, MICHAEL A. PARENTIS, M.D., KEITH C. STUBE, M.D., P.C., INDIVIDUALLY AND DOING BUSINESS AS KNEE CENTER OF WESTERN NEW YORK, DEFENDANTS-APPELLANTS.
PRESENT: , SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.
Appellants having moved, upon the return of an order to show cause granted by the Honorable Erin M. Peradotto on July 25, 2014, for a stay, pursuant to CPLR 5519 (g), of all proceedings to enforce a judgment of the Supreme Court entered in the Office of the Clerk of the County of Erie on July 18, 2014, pending the hearing and determination of the appeal taken herein, and having separately moved for permission for Phillips Lytle LLP to make a limited appearance on behalf of appellants and to file and serve affidavits of William J. Brennan, Esq., and Gregory V. Serio, Esq., in further support of appellants' motion for a stay, and
Appellant Michael A. Parentis, M.D., having moved for an order protecting the confidentiality of a report containing personal financial information that was submitted to this Court regarding the motion for a stay,
Now, upon reading and filing the affirmation and statement of Brian J. Weidner, Esq., dated July 21, 2014, the affidavits of Michael A. Parentis, M.D., sworn to July 21, 2014, and July 24, 2014, said show cause order with proof of service thereof, the affidavits of Ann M. Campbell, Esq., sworn to August 4, 2014, and August 20, 2014, the affidavit of Brian J. Weidner, Esq., sworn August 18, 2014, the affidavit of Kenneth A. Manning, Esq., sworn to August 18, 2014, the affidavit of William J. Brennan, Esq., sworn to August 18, 2014, the affidavit of Gregory V. Serio, Esq., sworn to August 15, 2014, the notices of motion with proof of service thereof, the affidavit of Ethan M. Lyle, Esq., sworn to July 24, 2014, the affidavit of
Jeffrey A. Black, Esq., sworn to August 8, 2014, and the statement of Jeffrey A. Black, Esq., dated August 25, 2014, and due deliberation having been had thereon,
It is hereby ORDERED that appellants' motion seeking a stay of all proceedings to enforce the judgment, pursuant to CPLR 5519 (g), pending the hearing and determination of the appeal taken herein is granted on the condition that appellants perfect their appeal on or before November 17, 2014, and continue to comply with CPLR 5519 (g), and
It is further ORDERED that, pending the determination of the appeal, any income earned by Michael A. Parentis, M.D. shall not be deposited, transferred or held in any account or with any financial institution outside the jurisdiction of the United States, and
It is further ORDERED that the motion seeking confidential treatment of said report is granted, and
It is further ORDERED that the motion seeking permission for Phillips Lytle LLP to make a limited appearance on behalf of appellants and to file and serve affidavits of William J. Brennan, Esq., and Gregory V. Serio, Esq., in further support of appellants' motion for a stay is granted.
Entered: September 17, 2014
Frances E. Cafarell, Clerk