| GLORY FOLMSBEE AND MARK FOLMSBEE V THE GOODYEAR TIRE & RUBBER COMPANY, DOING BUSINESS AS GOODYEAR AUTO SERVICE CENTERS |
| Motion No: CA 14-00243 |
| Slip Opinion No: 2014 NY Slip Op 65846(U) |
| Decided on March 6, 2014 |
| Appellate Division, Fourth 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. |
PRESENT: SCUDDER, P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
DOCKET NO. CA 14-00243
| GLORY FOLMSBEE AND MARK FOLMSBEE,
PLAINTIFFS-RESPONDENTS, V THE GOODYEAR TIRE & RUBBER COMPANY, DOING BUSINESS AS GOODYEAR AUTO SERVICE CENTERS,
DEFENDANT-APPELLANT, AND BENDERSON PROPERTIES, INC., FORMERLY KNOWN AS BENDERSON DEVELOPMENT COMPANY, LLC,
DEFENDANT-RESPONDENT. |
Appellant having moved pursuant to CPLR 5519 (c) to stay the action, including the upcoming trial, pending the hearing and determination of the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on November 15, 2013, and having moved to expedite the appeal,
Now, upon reading and filing the affirmation of Alan D. Kaplan, Esq., dated February 7, 2014, the notice of motion with proof of service thereof, and the affirmation of Robert A. Crawford, Jr., Esq., dated February 12, 2014, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is denied.
Entered: March 6, 2014
Frances E. Cafarell, Clerk