| IN THE MATTER OF FIFTH JUDICIAL DISTRICT ASBESTOS LITIGATION: |
| Motion No: CA 09-01505 |
| Slip Opinion No: 2009 NY Slip Op 90197(U) |
| Decided on December 2, 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. |
PRESENT: SCUDDER, P.J., 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. |
C. Denise Scott Pokorney, as Executrix of the Estate of Douglas J. Pokorney having moved to be substituted for plaintiff 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 affidavit of John Ned Lipsitz sworn to October 20, 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, and
It is further ORDERED that respondent's brief shall be filed and served on or before December 17, 2009, and the appeal shall be added to the calendar for the term of this Court commencing February 22, 2010.
Entered: December 2, 2009
Patricia L. Morgan, Clerk