Granfeld II, LLC v Kohl's Department Stores, Inc.

Granfeld II, LLC v Kohl's Department Stores, Inc.

Motion No: 2011-11681

Slip Opinion No: 2012 NY Slip Op 62161(U)

Decided on January 25, 2012

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

M132196

E/sl

PETER B. SKELOS, J.P.

JOHN M. LEVENTHAL

PLUMMER E. LOTT

ROBERT J. MILLER, JJ.

2011-11681
Granfeld II, LLC, respondent,
v Kohl's Department Stores, Inc.,
et al., appellants.
(Index No. 22962/09)

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, Suffolk County, dated October 26, 2011, and for a preference in the calendaring of the appeal. Motions by the respondent to dismiss the appeal as untimely taken.

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

ORDERED that the motions are denied.

SKELOS, J.P., LEVENTHAL, LOTT and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court