JANICE A. MCDONELL AND WILLIAM J. MCDONELL, JR. V WAL-MART STORES, INC., WAL-MART STORES EAST, LP, WAL-MART REAL ESTATE
Motion No: 1195-15
Slip Opinion No: 2016 NY Slip Op 64035(U)
Decided on February 5, 2016
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.


February 5, 2016

PRESENT: WHALEN, P.J., CENTRA, PERADOTTO, AND LINDLEY, JJ.

MOTION NO. 1195-15
DOCKET NO. CA 15-00532

JANICE A. MCDONELL AND WILLIAM J. MCDONELL, JR.,

PLAINTIFFS-RESPONDENTS,

V

WAL-MART STORES, INC., WAL-MART STORES EAST, LP,

WAL-MART REAL ESTATE BUSINESS TRUST AND WALMART REALTY

COMPANY, DEFENDANTS-APPELLANTS.


Appellants having moved for leave to appeal to the Court of Appeals from the order of this Court entered November 20, 2015,

Now, upon reading and filing the affirmation of T. Andrew Brown, Esq., dated December 23, 2015, the notice of motion with proof of service thereof, and the affirmation of Laurie A. Baker, Esq., dated December 29, 2015, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is denied.

Entered: February 5, 2016

Frances E. Cafarell, Clerk