| Brancaccio v Kohl's Department Stores, Inc. |
| Motion No: 2009-04605 |
| Slip Opinion No: 2009 NY Slip Op 74109(U) |
| Decided on June 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. |
Appellate Division: Second Judicial Department
M87541
E/sl
STEVEN W. FISHER, J.P.
ANITA R. FLORIO
JOSEPH COVELLO
THOMAS A. DICKERSON, JJ.
|
2009-04605 Rosemarie Brancaccio, respondent, v Kohl's Department Stores, Inc., appellant. (Index No. 08-1233)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay the trial in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Westchester County, entered May 5, 2009, and for a preference in the calendaring of the appeal.
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 appeal on condition that the appeal is perfected on or before July 6, 2009; and it is further,
ORDERED that in the event the appeal is not perfected on or before July 6, 2009, the court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay, on three days notice; and it is further,
ORDERED that the branch of the motion which is for a preference in the calendaring of the appeal is denied.
FISHER, J.P., FLORIO, COVELLO and DICKERSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court