Seiler v Kohl's Department Store
Motion No: 2008-05168
Slip Opinion No: 2008 NYSlipOp 78629(U)
Decided on July 24, 2008
Appellate Division, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M73633

E/sl

REINALDO E. RIVERA, J.P.

PETER B. SKELOS

DANIEL D. ANGIOLILLO

THOMAS A. DICKERSON, JJ.

2008-05168

Bernard Seiler, et al., respondents,

v Kohl's Department Store, et al., appellants.

(Index No. 06-15194)

DECISION & ORDER ON MOTION

Motion by the appellants to stay the trial in the above-entitled action pending hearing and determination of appeals from an order of the Supreme Court, Westchester County, entered May 1, 2008, and for a preference in the calendaring of the appeals.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the branch of the motion which is to stay the trial is granted, and the trial in the above-entitled action is stayed pending hearing and determination of the appeals; and it is further,

ORDERED that the branch of the motion which is for a preference in the calendaring of the appeals is denied.

RIVERA, J.P., SKELOS, ANGIOLILLO and DICKERSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court