PRESENT: SCUDDER, P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.

DOCKET NO. CA 12-00677
DOCKET NO. CA 12-00675

IN THE MATTER OF COLONIAL SURETY COMPANY, PETITIONER-APPELLANT-RESPONDENT, V NEAVERETH ENTERPRISES, LLC, ARENA DEVELOPMENT, LLC, AND ROBERT J. GOODYEAR, RESPONDENTS-RESPONDENTS, ANITA M. HANSEN AND GARY ALBANESE, RESPONDENTS-RESPONDENTS-APPELLANTS. (APPEAL NO. 1.) IN THE MATTER OF COLONIAL SURETY COMPANY, PETITIONER-APPELLANT, V LAKEVIEW ADVISORS, LLC, RESOLUTION MANAGEMENT, LLC, NATIONAL CREDIT ADJUSTERS, LLC, NEAVERETH ENTERPRISES, LLC, ARENA DEVELOPMENT, LLC, AND ROBERT J. GOODYEAR, RESPONDENTS-RESPONDENTS. IN THE MATTER OF COLONIAL SURETY COMPANY, PETITIONER-APPELLANT, V NEAVERETH ENTERPRISES, LLC, ARENA DEVELOPMENT, LLC, AND ROBERT J. GOODYEAR, ANITA M. HANSEN AND GARY ALBANESE, RESPONDENTS-RESPONDENTS. (APPEAL NO. 2.)

Petitioner having moved to stay certain evidentiary hearings pending this Court's determination of the appeals taken herein from orders of the Supreme Court entered in the Office of the Clerk of the County of Erie on February 28, 2012 (appeal No. 1), and March 15, 2012 (appeal No. 2), to consolidate appeal Nos. 1 and 2, and to expedite the appeals,

Now, upon reading and filing the affidavits of Edward P. Yankelunas, Esq., sworn to April 16, 2012, and May 3, 2012, the notice of motion with proof of service thereof, the affidavit of Thomas J. Gaffney, Esq., dated April 27, 2012, and the affidavit of John K. Jordan, Esq., sworn to April 27, 2012, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is denied.

Entered: May 23, 2012

Frances E. Cafarell, Clerk