*1 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department 455

CA 15-01238

PRESENT: WHALEN, P.J., CARNI, NEMOYER, TROUTMAN, AND SCUDDER, JJ. IN THE MATTER OF THE EIGHTH JUDICIAL DISTRICT

ASBESTOS LITIGATION.

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BETH ANN PIENTA, AS SUCCESSOR EXECUTRIX OF THE

ESTATE OF LEE HOLDSWORTH, DECEASED, AND AS

EXECUTRIX OF THE ESTATE OF CAROL A. HOLDSWORTH,

DECEASED, PLAINTIFF-RESPONDENT,

V ORDER A.W. CHESTERTON COMPANY, ET AL., DEFENDANTS, AND CRANE CO., DEFENDANT-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; Chase Manhattan Bank, N.A. v Roberts & Roberts , 63 AD2d 566, 567; see also CPLR 5501 [a] [1]).

Entered: July 8, 2016 Frances E. Cafarell

Clerk of the Court