In Re New York City Asbestos Litigation v Index No. 190413/13 Charles B. Chrystal Company Inc.

Motion No: M-3795

Slip Opinion No: 2018 NYSlipOp 83186(U)

Decided on September 13, 2018

Appellate Division, First 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.

September 13, 2018

In Re: New York City Asbestos Litigation - - - - - - - - - - - - - - - -

Claudia DiScala, as Administrator of

the Estate of Joan Robusto,

Plaintiff-Respondent,

v

Index No. 190413/13

Charles B. Chrystal Company, Inc.,

et al.,

Defendants,

-and-

Whittaker Clark & Daniels, Inc.,

Defendant-Appellant.

An appeal having been taken to this Court from the judgment of the Supreme Court, New York County, entered on or about

August 29, 2017, And defendant-appellant having moved for an enlargement of time to perfect their appeal until the earlier of 1) 20 days after the Court of Appeals decides or disposes of the appeal entitled Juni v A.O. Smith Water Prods. Co. (154 AD3d 441 [1st Dept 2017]), presently sub judice, or 2) until February 19, 2019, with leave to seek further enlargements, if necessary,Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon, It is ordered that the motion is granted to the extent of enlarging the time to perfect the appeal to the May 2019 Term, with leave to seek further enlargements, if necessary. ENTERED: September 13, 2018

_____________________ CLERK

Present - Hon. David Friedman, Justice Presiding, Barbara R. Kapnick Marcy L. Kahn Ellen Gesmer Cynthia S. Kern, Justices

M-3795

Index No. 40000/88