| F. JAMES MCGUIRE V THE MCGUIRE GROUP, INC. |
| Motion No: CA 24-00558 |
| Slip Opinion No: 2024 NY Slip Op 69011(U) |
| Decided on May 30, 2024 |
| Appellate Division, Fourth Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law ยง 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
PRESENT: WHALEN, P.J., SMITH, LINDLEY, CURRAN, AND BANNISTER, JJ.
CA 24-00558
| F. JAMES MCGUIRE, PLAINTIFF-RESPONDENT, V THE
MCGUIRE GROUP, INC., DEFENDANT-APPELLANT. |
Appellant having moved to stay proceedings in Supreme Court or, in the alterative, for an expedited briefing schedule and a calendar preference, in the appeal taken herein from an order of the Supreme Court, Erie County, entered March 20, 2024,
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 insofar as it seeks a stay of proceedings is denied without prejudice to a motion in Supreme Court (see CPLR 2201; Rhodes v Mosher, 115 AD2d 351 [4th Dept 1985]), and
It is further ORDERED that the motion insofar as it seeks an expedited briefing schedule and a calendar preference is denied as premature.
Entered: May 30, 2024
Ann Dillon Flynn
Clerk of the Court