BETH ANN PIENTA, AS SUCCESSOR EXECUTRIX OF THE ESTATE OF LEE HOLDSWORTH, DECEASED, AND AS EXECUTRIX OF THE ESTATE OF

BETH ANN PIENTA, AS SUCCESSOR EXECUTRIX OF THE ESTATE OF LEE HOLDSWORTH, DECEASED, AND AS EXECUTRIX OF THE ESTATE OF

Motion No: CA 14-02171

Slip Opinion No: 2015 NY Slip Op 61778(U)

Decided on January 21, 2015

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.

January 21, 2015

PRESENT: SCUDDER, P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.

DOCKET NO. CA 14-02171

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.

Appellant having moved, pursuant to CPLR 5520 (c), to correct a clerical error on the notice of 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, and having moved for an extension of time to perfect the appeal,

Now, upon reading and filing the affirmation of David Oxamendi, Esq., dated December 5, 2014, 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 correct a clerical error on the notice appeal, pursuant to CPLR 5520 (c), is granted, and the notice of appeal dated March 31, 2014, is deemed a valid appeal from the order entered April 15, 2013 (Index No. I2012-1161), and

It is hereby ORDERED that the motion insofar as it seeks an extension of time to perfect the appeal is granted, and appellant shall perfect the appeal on or before March 23, 2015, and, in the event of failure to so perfect, the appeal is hereby dismissed without further order.

Entered: January 21, 2015

Frances E. Cafarell, Clerk