Opinion
Motion No: CA 19-01152
07-17-2019
ANN MASON, PLAINTIFF-RESPONDENT, v. ERIC D. CARUANA, DEFENDANT-APPELLANT, ET AL. DEFENDANTS. ERIC D. CARUANA, THIRD-PARTY PLAINTIFF, v. EXXON MOBIL OIL CORPORATION, ET AL., THIRD-PARTY DEFENDANTS.
PRESENT:
Appellant having moved for a stay, pursuant to CPLR 5519 (c), of all proceedings to enforce an order of the Supreme Court, Monroe County, entered May 16, 2019, pending the hearing and determination of the appeal taken herein from said order,
Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is denied insofar as it seeks a discretionary stay pursuant to CPLR 5519 (c) without prejudice to a motion in Supreme Court for an automatic stay pursuant to CPLR 5519 (a) (6) (see Norcross v Cook, 199 AD2d 1079 [4th Dept 1993]).
Entered: July 17, 2019
Mark W. Bennett
Clerk of the Court