Pienta v. A.W. Chesterton Co.

Full title: BETH ANN PIENTA, AS SUCCESSOR EXECUTRIX OF THE ESTATE OF LEE HOLDSWORTH…

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

Date published: Jul 27, 2015

2015 N.Y. Slip Op. 80343 (N.Y. App. Div. 2015)

Opinion

DOCKET NO. CA 15-00882 DOCKET NO. CA 15-01237 DOCKET NO. CA 15-01238 DOCKET NO. CA 15-01240

07-27-2015

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.(APPEAL NO. 1.) 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.(APPEAL NO. 2.) 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.(APPEAL NO. 3.) 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.(APPEAL NO. 4.)

SCUDDER, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.

PRESENT:

Appellant having moved to consolidate the appeals taken herein from orders and a judgment of the Supreme Court entered in the Office of the Clerk of the County of Erie on July 10, 2014 (appeal No. 1), June 5, 2015 (appeal No. 2), and June 10, 2015 (appeal Nos. 3 and 4),

Now, upon reading and filing the affirmation of Angela DiGiglio, Esq., dated July 16, 2015, 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 consolidate the appeals is granted, and the appeals from the orders and judgment entered July 10, 2014, June 5, 2015, and July 10, 2015, are hereby consolidated for the purposes of perfecting and arguing the appeals, and

It is further ORDERED that the motion insofar as it seeks an extension of time to perfect appeal No. 1 is granted, to the extent that the second ordering paragraph of the order of this Court entered June 16, 2015, is hereby amended by deleting the date August 17, 2015, and inserting in its place the date October 16, 2015.

Entered: July 27, 2015

Frances E. Cafarell, Clerk