Fasano v. J.C. Penney Corp.

Full title: VIRGINIA FASANO, Respondent, v. J.C. PENNEY CORPORATION, Appellant…

Court: Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Feb 6, 2009

59 A.D.3d 1103 (N.Y. App. Div. 2009)

2009 N.Y. Slip Op. 941

872 N.Y.S.2d 353

Opinion

No. CA 08-00093.

February 6, 2009.

Appeal from an order of the Supreme Court, Monroe County (Ann Marie Taddeo, J.), entered October 23, 2007 in a personal injury action. The order, insofar as appealed from, denied those parts of defendant's motion for leave to reargue and for a stay of the action pending appeal.

FELDMAN, KIEFFER HERMAN, LLP, BUFFALO (MICHELE K. SNYDER OF COUNSEL), FOR DEFENDANT-APPELLANT.

Present: Scudder, P.J., Smith, Centra and Fahey, JJ.

It is hereby ordered that said appeal from the order insofar as it denied leave to reargue is unanimously dismissed ( see Empire Ins. Co. v Food City, 167 AD2d 983, 984) and insofar as it denied a stay pending appeal is dismissed without costs as moot ( see Mercer v Pal Energy Corp., 280 AD2d 896, 897).