Deluca v. Tonawanda Coke Corp.

Full title: MARY DELUCA, INDIVIDUALLY, AND AS CLASS REPRESENTATIVE, ET AL.…

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

Date published: Mar 18, 2016

2016 N.Y. Slip Op. 68130 (N.Y. App. Div. 2016)

Opinion

MOTION NO. 1340-15 DOCKET NO. CA 15-00297 MOTION NO. 1341-15 DOCKET NO. CA 15-00298

03-18-2016

MARY DELUCA, INDIVIDUALLY, AND AS CLASS REPRESENTATIVE, ET AL., PLAINTIFFS-RESPONDENTS, v. TONAWANDA COKE CORPORATION, ESTATE OF J.D. CRANE, DECEASED, MARK KAMHOLZ, DEFENDANTS-APPELLANTS, ET AL., DEFENDANTS. (APPEAL NO. 1.) MARY DELUCA, INDIVIDUALLY, AND AS CLASS REPRESENTATIVE, ET AL., PLAINTIFFS-RESPONDENTS, v. TONAWANDA COKE CORPORATION, ESTATE OF J.D. CRANE, DECEASED, MARK KAMHOLZ, DEFENDANTS-APPELLANTS, ET AL., DEFENDANTS. (APPEAL NO. 2.)

WHALEN, P.J., SMITH, DEJOSEPH, AND SCUDDER, JJ.

PRESENT:

Appellants having moved for leave to appeal to the Court of Appeals from the orders of this Court entered December 31, 2015,

Now, upon reading and filing the affirmations of Hugh M. Russ, III, Esq., dated January 29, 2016, and February 11, 2016, the notice of motion with proof of service thereof, and the affidavit of Justin Lee Klein, Esq., sworn to February 4, 2016, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is denied.

Entered: March 18, 2016

Frances E. Cafarell, Clerk