| MARY DELUCA, INDIVIDUALLY AND AS CLASS REPRESENTATIVE V TONAWANDA COKE CORPORATION, ESTATE OF J.D. CRANE, DECEASED |
| Motion No: CA 15-00297 |
| Slip Opinion No: 2015 NY Slip Op 75035(U) |
| Decided on May 28, 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. |
PRESENT: SCUDDER, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.
DOCKET NO. CA 15-00297
DOCKET NO. CA 15-00298
| MARY DELUCA, INDIVIDUALLY AND AS CLASS REPRESENTATIVE ET AL.,
PLAINTIFFS-RESPONDENTS, V TONAWANDA COKE CORPORATION, ESTATE OF J.D. CRANE, DECEASED, MARK KAMHOLTZ,
DEFENDANTS-APPELLANTS, ET AL., DEFENDANTS. (APPEAL NO. 1.) MARY DELUCA, INDIVIDUALLY AND AS CLASS REPRESENTATIVE, ET AL.,
PLAINTIFFS-RESPONDENTS, V TONAWANDA COKE CORPORATION, ESTATE OF J.D. CRANE, DECEASED, MARK KAMHOLTZ,
DEFENDANTS-APPELLANTS, ET AL., DEFENDANTS. (APPEAL NO. 2.) |
Respondents having moved to dismiss the appeals taken herein from orders of the Supreme Court entered in the Office of the Clerk of the County of Erie on January 7, 2015, on the ground that appellants failed to perfect timely the appeals,
Now, upon reading and filing the affirmation of Charles H. Cobb, Esq., dated May 11, 2015, the notice of motion with proof of service thereof, and the affirmation of Hugh M. Russ, III, Esq., dated May 12, 2015, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is dismissed as unnecessary.
Entered: May 28, 2015
Frances E. Cafarell, Clerk