MOTION NO. 660/08 CINDY S. HINDS V WAL-MART STORES, INC.
Motion No: CA 07-02440
Slip Opinion No: 2008 NYSlipOp 86355(U)
Decided on October 3, 2008
Appellate Division, Fourth 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.


October 3, 2008

PRESENT: MARTOCHE, J.P., CENTRA, LUNN, FAHEY, AND GORSKI, JJ.

DOCKET NO. CA 07-02440

MOTION NO. 660/08

CINDY S. HINDS, PLAINTIFF-APPELLANT,

V

WAL-MART STORES, INC., DEFENDANT-RESPONDENT.


Defendant having moved for reargument of or, in the alternative, leave to appeal to the Court of Appeals from the order of this Court entered June 6, 2008,

Now, upon reading and filing the affirmation of Spencer L. Ash dated July 22, 2008, the notice of motion with proof of service thereof, the opposing affirmation of David A. Merkel dated July 29, 2008, the reply affirmation of Spencer L. Ash dated August 5, 2008, and due deliberation having been had thereon,

It is hereby ORDERED that the motion be, and the same hereby is, denied.

Entered: October 3, 2008

JoAnn M. Wahl, Clerk