Opinion
Motion No: CA 12-02121
11-30-2012
SYSCO SYRACUSE, LLC, PLAINTIFF-RESPONDENT, v. STUART EGAN, III AND MAINES PAPER & FOOD SERVICE, INC., DEFENDANTS-APPELLANTS.
PRESENT: , P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
Appellants having moved for a stay of all proceedings to enforce an order of the Supreme Court entered in the Office of the Clerk of the County of Onondaga on November 8, 2012, pending the hearing and determination of the appeal taken herein, and having moved to expedite the appeal taken herein,
Now, upon reading and filing the affidavit of Frank W. Miller, Esq., sworn to November 9, 2012, the notice of motion with proof of service thereof, and the affidavit of Paul W. Woodard, Esq., sworn to November 16, 2012, and due deliberation having been had thereon,
It is hereby ORDERED that the motion insofar as it seeks a stay is denied, and
It is further ORDERED that the motion insofar as it seeks to expedite the appeal is dismissed as premature (see 22 NYCRR 1000.10 [d]).
Frances E. Cafarell, Clerk