| BENEDICT VIGLIETTA V ASBESTOS CORPORATION LIMITED , HEDMAN RESOURCES LIMITED |
| Motion No: CA 22-00647 |
| Slip Opinion No: 2023 NY Slip Op 70507(U) |
| Decided on July 20, 2023 |
| 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., PERADOTTO, MONTOUR, OGDEN, AND GREENWOOD, JJ.
CA 22-00647
| BENEDICT VIGLIETTA, ET AL., PLAINTIFFS, V ASBESTOS CORPORATION
LIMITED, ET AL., DEFENDANTS, HEDMAN RESOURCES LIMITED, DEFENDANT-APPELLANT. OCCIDENTAL CHEMICAL CORPORATION,
RESPONDENT. |
Plaintiffs having moved to dismiss the appeal taken herein from an order of the Supreme Court, Niagara County, entered April 21, 2022, and to strike portions of appellant's brief,
Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon,
It is hereby ORDERED that the motion insofar as it seeks to dismiss the appeal is denied, without prejudice and leave to renew any arguments in support of or, in opposition to this aspect of the motion in the briefs that remain outstanding and at oral argument, and
It is further ORDERED that the motion insofar as it seeks to strike portions of the appellant's brief is denied.
Entered: July 20, 2023
Ann Dillon Flynn
Clerk of the Court