`NYSCEF DOC. NO. 97
`MONROE COUNTY CLERK’S OFFICE
`
`RECEIVED NYSCEF: 06/02/2021
`THIS IS NOT A BILL. THIS IS YOUR RECEIPT.
`
`INDEX NO. E2020007025
`
`Return To:
`STEPHEN PHILIP BROOKS
`
` Allen, Freddie T.
` ALLEN, SHARLENE A.
`
` AII Acquisition, LLC
` Alray Construction Corp.
` Blair Supply Corp.
` Burnham LLC
` Carrier Corporation
`
` Motion Filing Fee
`
`Total Fees Paid:
`
`Receipt # 2736541
`
`Book Page CIVIL
`
`No. Pages: 3
`
`Instrument: NOTICE OF MOTION OR CROSS MOTION
`
`Control #:
`Index #:
`
`202106021246
`E2020007025
`
`Date: 06/02/2021
`
`Time: 3:55:48 PM
`
`$45.00
`
`$45.00
`
`Employee: CW
`
`State of New York
`
`MONROE COUNTY CLERK’S OFFICE
`WARNING – THIS SHEET CONSTITUTES THE CLERKS
`ENDORSEMENT, REQUIRED BY SECTION 317-a(5) &
`SECTION 319 OF THE REAL PROPERTY LAW OF THE
`STATE OF NEW YORK. DO NOT DETACH OR REMOVE.
`
`JAMIE ROMEO
`
`MONROE COUNTY CLERK
`
`1 of 3
`
`
`
`202106021246
`FILED: MONROE COUNTY CLERK 06/02/2021 03:10 PM
`NYSCEF DOC. NO. 97
`
`Index # : E2020007025
`INDEX NO. E2020007025
`
`RECEIVED NYSCEF: 06/02/2021
`
`SUPREME COURT OF THE STATE OF NEW YORK
`SEVENTH JUDICIAL DISTRICT
`
`In RE: SEVENTH JUDICIAL DISTRICT
`ASBESTOS LITIGATION
`
`This Document Applies to:
`
`STATE OF NEW YORK
`SUPREME COURT : COUNTY OF MONROE
`
`FREDDIE T. ALLEN and SHARLENE A.
`ALLEN, his spouse,
`Plaintiffs,
`-vs-
`AIIACQUISTION, LLC f/k/a All ACQUISITION
`CORP. ftk/a ATHLONE INDUSTRIES, INC. Tk/a
`HOLLAND FURNACE COMPANY, et al.,
`Defendants.
`
`NOTICE OF MOTION FOR
`ORDER OF DISMISSAL ON
`BEHALF OF PFAUDLER, INC.
`ONLY
`
`Monroe County
`Index No. E2020007025
`Hon. Erin P. Gall, J.S.C.
`
`PLEASE TAKE NOTICE that upon the attached papers,
`including stipulation of
`discontinuance, defendant PFAUDLER, INC., will move this Court, the Supreme Court of the
`State of New York, County of Monroe, held at Oneida County Courthouse, Utica, New York, on
`the 13th day of July 2021, at 11:00 a.m., or as soon thereafter as counsel may be heard, for an
`Order:
`
`Granting an Order of Dismissal of Plaintiffs’ Complaint and all cross-claims,
`1.
`pursuant to the 7JDAL Case Management Order, on behalf of defendant Pfaudler, Inc. because
`plaintiffs have agreed to discontinue their claims against Pfaudler, Inc. and no party has objected
`within twenty (20) days to the proposed Order of Dismissal served on all counsel;
`And for such other and further relief as this Court finds proper.
`2.
`PLEASE TAKE FURTHER NOTICE that answering affidavits, if any, are to be served
`upon the undersigned pursuant to CPLR 2214(b).
`June 2, 2021
`DATED:
`Buffalo, New York
`
`1
`
`2 of 3
`
`
`
`202106021246
`FILED: MONROE COUNTY CLERK 06/02/2021 03:10 PM
`NYSCEF DOC. NO. 97
`
`Index #: E2020007025
`INDEX NO. E2020007025
`
`RECEIVED NYSCEF: 06/02/2021
`
`i
`Stephen P. Brooks, Esq.
`SMITH, MURPHY & SCHOEPPERLE, LLP
`Counsel of Record for Pfaudler, Inc.
`Office and Post Office Address:
`295 Main Street, Suite 786
`Buffalo, New York 14203
`Telephone: (716) 852-1544
`
`TO:
`
`John P. Comerford, Esq.
`LIPSITZ PONTERIO & COMERFORD, LLC
`Attorneys for Plaintiff
`Office and P.O. Address
`424 Main Street, Suite 1500
`Buffalo, New York 14202-3615
`Telephone: (716) 849-0701
`Counsel for all Defendants
`
`3 of 3
`
`
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