Desena v Federated Department Stores, Inc.
Motion No: 2008-11652
Slip Opinion No: 2009 NY Slip Op 75618(U)
Decided on June 19, 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

M88283

E/sl

ROBERT A. SPOLZINO, J.P.

PETER B. SKELOS

MARK C. DILLON

JOSEPH COVELLO, 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 renew and reargue their prior motion 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, which was determined by decision and order on motion dated February 4, 2009.

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

ORDERED that the motion is denied.

SPOLZINO, J.P., SKELOS, DILLON and COVELLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court