| Wilder v May Department Stores Company |
| Motion No: 2009-02188 |
| Slip Opinion No: 2009 NY Slip Op 73795(U) |
| Decided on June 1, 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. |
Appellate Division: Second Judicial Department
M87393
E/sl
MARK C. DILLON, J.P.
FRED T. SANTUCCI
JOSEPH COVELLO
JOHN M. LEVENTHAL, JJ.
|
2009-02188, 2009-04729 Ben Wilder, etc., respondent-appellant, v May Department Stores Company, etc., appellant-respondent. (Appeal No. 1) Ben Wilder, etc., respondent, v May Department Stores Company, etc., appellant. (Appeal No. 2) (Index No. 8577/02)
| DECISION & ORDER ON MOTION |
Motion by Ben Wilder, in effect, to hold in abeyance an appeal and cross appeal from an order of the Supreme Court, Queens County, dated January 22, 2009, and an appeal from an order of the same court dated April 7, 2009, pending, among other things, determination of his motion to strike the defendant's answer.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied without prejudice to renew if and when the appeals are perfected.
DILLON, J.P., SANTUCCI, COVELLO and LEVENTHAL, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court