Matter of Eighth Jud. Dist. Asbestos Litig.
2016 NY Slip Op 05459 [141 AD3d 1127]
July 8, 2016
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, August 31, 2016


[*1]
 In the Matter of the Eighth Judicial District Asbestos Litigation. Beth Ann Pienta, as Successor Executrix of Lee Holdsworth, Deceased, and as Executrix of Carol A. Holdsworth, Deceased, Respondent,
v
A.W. Chesterton Company et al., Defendants, and Crane Co., Appellant. (Appeal No. 3.)

K&L Gates LLP, New York City (Michael J. Ross, of the Pennsylvania Bar, admitted pro hac vice, of counsel), for defendant-appellant.

Lipsitz & Ponterio, LLC, Buffalo (Dennis P. Harlow of counsel), for plaintiff-respondent.

Appeal from an order of the Supreme Court, Erie County (Jeremiah J. Moriarty, III, J.), entered June 10, 2015. The order directed entry of judgment for plaintiff against defendant Crane Co.

It is hereby ordered that said appeal is unanimously dismissed without costs (see Hughes v Nussbaumer, Clarke & Velzy, 140 AD2d 988 [1988]; Chase Manhattan Bank, N.A. v Roberts & Roberts, 63 AD2d 566, 567 [1978]; see also CPLR 5501 [a] [1]). Present—Whalen, P.J., Carni, NeMoyer, Troutman and Scudder, JJ.