Joanne Corazza as Administratrix for v Amchem Products Inc.et al.

Motion No: M-4077

Slip Opinion No: 2018 NYSlipOp 86765(U)

Decided on October 23, 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.

October 23, 2018

Joanne Corazza, as Administratrix for

the Estate of George Cooney,

Plaintiff-Respondent,

v

Amchem Products, Inc.,et al.,

Defendants,

-and-

Caterpillar, Inc.,

Defendant-Appellant.

An appeal having been taken from a judgment of the Supreme Court, New York County (Martin Shulman, J.) entered October 12, 2017, And plaintiff-respondent having moved for an order striking defendant-appellant's appendix and dismissing the appeal or, in the alternative, adjourning the appeal to the December 2018 Term,Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon, It is ordered that the branch of plaintiff's motion seeking to strike defendant-appellant's appendix and to dismiss the appeal is denied, without prejudice to plaintiff-respondent filing a supplemental appendix, within 10 days of the date of entry of this order, with costs to abide the appeal. The branch of plaintiff's motion seeking an adjournment of the appeal to the December 2018 term is deemed withdrawn pursuant to the correspondence from plaintiff's counsel dated October 4, 2018, without prejudice to renew should plaintiff elect to file a supplemental appendix. ENTERED: October 23, 2018

____________________ CLERK

Present - Hon. David Friedman, Justice Presiding, Barbara R. Kapnick Marcy L. Kahn Jeffrey K. Oing, Justices

M-4077

Index No. 190028/14