| TRG ADVISORS, INC. FORMERLY KNOWN AS P & A FINANCIAL SECURITIES, INC., TOUCHSTONE RETIREMENT GROUP, LLC |
| Motion No: CA 12-01124 |
| Slip Opinion No: 2012 NY Slip Op 82282(U) |
| Decided on August 20, 2012 |
| 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: SCUDDER, P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
DOCKET NO. CA 12-01124
DOCKET NO. CA 12-01472
| TRG ADVISORS, INC. FORMERLY KNOWN AS P & A FINANCIAL
SECURITIES, INC., TOUCHSTONE RETIREMENT GROUP, LLC, TOUCHSTONE-TRPC, LLC, R.J. WATSON, INC., AND CANDYCE WATSON AS
TRUSTEE OF THE R.J. WATSON, INC. 401 (k) PLAN, PLAINTIFFS-APPELLANTS, V P & A RETIREMENT PLAN SERVICES, INC, P & A
ADMINISTRATIVE SERVICES, INC., MICHAEL A. RIZZO AND JOSEPH PRISELAC, JR., DEFENDANTS-RESPONDENTS. (APPEAL NO.
1.) TRG ADVISORS, INC. FORMERLY KNOWN AS P & A FINANCIAL SECURITIES, INC., PLAINTIFF-APPELLANT-RESPONDENT,
TOUCHSTONE RETIREMENT GROUP, LLC, TOUCHSTONE-TRPC, LLC, R.J. WATSON, INC., AND CANDYCE WATSON AS TRUSTEE OF THE
R.J. WATSON, INC. 401 (k) PLAN, PLAINTIFFS, V P & A RETIREMENT PLAN SERVICES, INC, P & A ADMINISTRATIVE SERVICES,
INC., MICHAEL A. RIZZO AND JOSEPH PRISELAC, JR., DEFENDANTS-RESPONDENTS-APPELLANTS. P & A RETIREMENT PLAN SERVICES,
INC., P & A ADMINISTRATTIVE SERVICES, INC., MICHAEL A. RIZZO AND JOSEPH PRISELAC, JR., THIRD-PARTY PLAINTIFFS,
V PAUL S. DUGGAN, THIRD-PARTY DEFENDANT. (APPEAL NO. 2.) |
Plaintiffs having moved to consolidate the appeals taken herein from an order and order and judgment of the Supreme Court entered in the Office of the Clerk of the County of Erie on March 9, 2012, and July 18, 2012, and having moved for an extension of time to perfect the appeal taken from the order entered March 9, 2012,
Now, upon reading and filing the affirmations of David E. Gutowski, Esq., dated August 3, 2012, and August 14, 2012, the notice of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion insofar as it seeks to consolidate the appeals is granted and the appeals from the order and the order and judgment entered March 9, 2012, and July 18, 2012, are hereby consolidated for the purposes of perfecting and arguing the appeals, and
It is further ORDERED that the motion insofar as it seeks an extension of time to perfect the appeal from the order entered March 9, 2012, is granted to the extent that the ordering paragraph of the order of this Court entered June 26, 2012, is hereby amended by deleting the date August 27, 2012, and inserting in its place the date October 26, 2012.
Entered: August 20, 2012
Frances E. Cafarell, Clerk