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.)
Motion No: CA 12-01124
Slip Opinion No: 2012 NY Slip Op 92537(U)
Decided on November 30, 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.


November 30, 2012

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 seal the record on 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,

Now, upon reading and filing the affidavit of David E. Gutowski, Esq., sworn to October 26, 2012, and the notice of motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted.

Entered: November 30, 2012

Frances E. Cafarell, Clerk