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Fasano v. J.C. Penney Corp.

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department


February 6, 2009

VIRGINIA FASANO, PLAINTIFF-RESPONDENT,
v.
J.C. PENNEY CORPORATION, DEFENDANT-APPELLANT. (APPEAL NO. 2.)

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.

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

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).

20090206

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