Opinion
DOCKET NO. CA 14-02303
03-06-2015
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, PERADOTTO, AND CARNI, JJ.
Respondent having moved to dismiss the 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, on the ground that the appeal is unnecessary, inefficient, and uneconomical due to the imminent entry of a final judgment,
Now, upon reading and filing the affidavit of John Ned Lipsitz, Esq., sworn to February 6, 2015, the notice of motion with proof of service thereof, the affirmation of Angela DiGiglio, Esq., dated February 12, 2015, and the affirmation of Dennis P. Harlow, Esq., received February 20, 2015, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is dismissed as premature.
Entered: March 6, 2015
Frances E. Cafarell, Clerk