Opinion
Motion No: CA 14-02171
01-21-2015
BETH ANN PIENTA, AS SUCCESSOR EXECUTRIX OF THE ESTATE OF LEE HOLDSWORTH, DECEASED, AND AS EXECUTRIX OF THE ESTATE OF CAROL A. HOLDSWORTH, DECEASED, PLAINTIFF-RESPONDENT, v. A.W. CHESTERTON COMPANY, DEFENDANTS, ET AL., CRANE CO., DEFENDANT-APPELLANT.
PRESENT: , SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
Appellant having moved, pursuant to CPLR 5520 (c), to correct a clerical error on the notice of appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on April 15, 2013, and having moved for an extension of time to perfect the appeal,
Now, upon reading and filing the affirmation of David Oxamendi, Esq., dated December 5, 2014, and the notice of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion insofar as it seeks to correct a clerical error on the notice appeal, pursuant to CPLR 5520 (c), is granted, and the notice of appeal dated March 31, 2014, is deemed a valid appeal from the order entered April 15, 2013 (Index No. I2012-1161), and
It is hereby ORDERED that the motion insofar as it seeks an extension of time to perfect the appeal is granted, and appellant shall perfect the appeal on or before March 23, 2015, and, in the event of failure to so perfect, the appeal is hereby dismissed without further order.
Entered: January 21, 2015
Frances E. Cafarell, Clerk