Desena v Federated Department Stores, Inc.

Desena v Federated Department Stores, Inc.

Motion No: 2008-11652

Slip Opinion No: 2009 NYSlipOp 62754(U)

Decided on February 4, 2009

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

M82124

E/sl

STEVEN W. FISHER, J.P.

JOSEPH COVELLO

DANIEL D. ANGIOLILLO

THOMAS A. DICKERSON, JJ.

2008-11652
Angelo Desena, et al., respondents,
v Federated Department Stores, Inc., et al.,
defendants, Ultimate Services, Inc., et al.,
appellants.
(Index No. 13010/05)

DECISION & ORDER ON MOTION

Motion by the appellants to stay the trial in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Kings County, dated November 17, 2008.

Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is

ORDERED that the motion is denied.

FISHER, J.P., COVELLO, ANGIOLILLO and DICKERSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court