| THE ESTATE OF LEWIS NASH, MARY NASH AS EXECUTRIX V A.W. CHESTERTON COMPANY, INC. , NAVISTAR INTERNATIONAL CORP. |
| Motion No: CA 18-00238 |
| Slip Opinion No: 2018 NY Slip Op 64807(U) |
| Decided on February 20, 2018 |
| 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: WHALEN, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.
DOCKET NO. CA 18-00238
| THE ESTATE OF LEWIS NASH, MARY NASH AS EXECUTRIX,
PLAINTIFF-RESPONDENT, V A.W. CHESTERTON COMPANY, INC., ET AL., DEFENDANTS, NAVISTAR INTERNATIONAL CORP.,
DEFENDANT-APPELLANT. |
Appellant having moved 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 Onondaga on November 20, 2017,
Now, upon reading and filing the affidavit of Donald A.W. Smith, Esq., sworn to February 8, 2018, and the notice of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is dismissed as premature (see 22 NYCRR 1000.13 [f]).
Entered: February 20, 2018
Mark W. Bennett, Clerk