DeLuca v. Tonawanda Coke Corp.

Full title: FRANK DELUCA, PLAINTIFF, MARY DELUCA, INDIVIDUALLY, AND AS CLASS…

Court: Appellate Division of the Supreme Court of the State of New York

Date published: Apr 4, 2018

2018 N.Y. Slip Op. 68929 (N.Y. App. Div. 2018)

Opinion

DOCKET NO. CA 18-00115 DOCKET NO. CA 18-00116

04-04-2018

FRANK DELUCA, PLAINTIFF, MARY DELUCA, INDIVIDUALLY, AND AS CLASS REPRESENTATIVE, ET AL., PLAINTIFFS-RESPONDENTS-APPELLANTS, v. TONAWANDA COKE CORPORATION, ESTATE OF J.D. CRANE, DECEASED, MARK KAMHOLZ, DEFENDANTS-APPELLANTS-RESPONDENTS, ET AL., DEFENDANTS. FRANK DELUCA, PLAINTIFF, MARY DELUCA, INDIVIDUALLY, AND AS CLASS REPRESENTATIVE, ET AL., PLAINTIFFS-RESPONDENTS-APPELLANTS, v. TONAWANDA COKE CORPORATION, ESTATE OF J.D. CRANE, DECEASED, MARK KAMHOLZ, DEFENDANTS-APPELLANTS-RESPONDENTS, ET AL., DEFENDANTS.

WHALEN, P.J., SMITH, CENTRA, CARNI, AND LINDLEY, JJ.

PRESENT:

Defendants Tonawanda Coke Corporation, Estate of J.D. Crane, and Mark Kamholz having moved for reconsideration of the Court's February 22, 2018 order denying permission to exceed the page limits for briefs as set forth by this Court's rules on the appeals taken herein from orders of Supreme Court entered in the Office of the Clerk of the County of Erie on November 17, 2017(docket No. CA 18-00115), and December 1, 2017 (docket No. CA 18-00116)

Now, upon reading and filing the affirmation of Hugh M. Russ, III, Esq., dated March 6, 2018, and the notice of motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is denied insofar as it seeks permission for plaintiffs and defendants to exceed this Court's page limit rule for briefs (22 NYCRR 1000.4 [f] [3]).

Entered: April 4, 2018

Mark W. Bennett, Clerk