IN THE MATTER OF FIFTH JUDICIAL DISTRICT ASBESTOS LITIGATION:
Motion No: CA 09-01505
Slip Opinion No: 2009 NY Slip Op 86634(U)
Decided on October 21, 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.


October 21, 2009

PRESENT: SCUDDER, P.J., MARTOCHE, FAHEY, CARNI, AND GORSKI, 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.


The Product Liability Advisory Council, Inc. having moved for permission to file a brief 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 Matthew S. Lerner dated October 2, 2009, the notice of motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that the motion be, and the same hereby is, granted on condition that the brief is filed and served on or before November 20, 2009.

Entered: October 21, 2009

Patricia L. Morgan, Clerk