Moore v Great Atlantic & Pacific Tea Company, Inc.

Moore v Great Atlantic & Pacific Tea Company, Inc.

Motion No: 2012-10897

Slip Opinion No: 2013 NY Slip Op 85500(U)

Decided on September 17, 2013

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

M162366

E/sl

RUTH C. BALKIN, J.P.

JOHN M. LEVENTHAL

LEONARD B. AUSTIN

SHERI S. ROMAN, JJ.

2012-10897
Frances Moore, et al., respondents,
v Great Atlantic & Pacific Tea Company, Inc.,
et al., defendants, Selden Plaza, appellant.
(Index No. 40348/09)

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, Suffolk County, dated September 6, 2012.

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

ORDERED that the motion is denied.

BALKIN, J.P., LEVENTHAL, AUSTIN and ROMAN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court