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 15-00882

Slip Opinion No: 2015 NY Slip Op 76623(U)

Decided on June 16, 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.

June 16, 2015

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

DOCKET NO. CA 15-00882

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), for leave to amend a clerical error on the notice of appeal dated August 20, 2014, and for an extension of time to perfect the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on July 10, 2014,

Now, upon reading and filing the affirmation of David Oxamendi, Esq., dated May 19, 2015, 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 amend a clerical error of the notice of appeal is granted, and the notice of appeal dated August 20, 2014, is deemed a valid appeal from the order entered July 10, 2014, and

It is further 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 August 17, 2015, and, in the event of failure to so perfect, the appeal is hereby dismissed without further order.

Entered: June 16, 2015

Frances E. Cafarell, Clerk