IN THE MATTER OF FIFTH JUDICIAL DISTRICT ASBESTOS LITIGATION:
Motion No: CA 09-01505
Slip Opinion No: 2009 NY Slip Op 81513(U)
Decided on August 19, 2009
Appellate Division, Fourth Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


August 19, 2009

PRESENT: SCUDDER, P.J., HURLBUTT, MARTOCHE, GREEN, AND PINE, JJ.

DOCKET NO. CA 09-01505

IN THE MATTER OF FIFTH JUDICIAL DISTRICT ASBESTOS

LITIGATION:



DOUGLAS POKORNEY, PLAINTIFF-RESPONDENT,

V

A.W. CHESTERTON CO., INC., ET AL., DEFENDANTS,

FOSTER WHEELER ENERGY CORPORATION, DEFENDANT-APPELLANT.


Coalition for Litigation Justice, Inc., Chamber of Commerce of the United States of America, National Association of Manufacturers, American Insurance Association, American Chemistry Council, Crane Co., IMO Industries, Inc., Leslie Controls, Inc., Warren Pumps, LLC and Buffalo Pumps, Inc. having moved for permission to file briefs amicus curiae on the appeal taken from an order of the Supreme Court entered in the Office of the Clerk of the County of Onondaga on February 4, 2009,

Now, upon reading and filing the affirmation of Michael E. Waller dated August 6, 2009, the notices of motion with proof of service thereof, the opposing affidavit of John Ned Lipsitz sworn to August 13, 2009, the reply affidavit of Andrew W. Crouse sworn to August 14, 2009, and due deliberation having been had thereon,

It is hereby ORDERED that the motions be, and the same hereby are, granted on condition that the briefs are filed and served on or before September 18, 2009.

Entered: August 19, 2009

Patricia L. Morgan, Clerk