AFFINITY ELMWOOD GATEWAY PROPERTIES, LLC V AJC PROPERTIES LLC EVELYN BENCINICH, SUSAN M. DAVIS, STEVEN GATHERS
Motion No: CA 13-00539
Slip Opinion No: 2013 NY Slip Op 77344(U)
Decided on June 20, 2013
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.


June 20, 2013

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

DOCKET NO. CA 13-00539
DOCKET NO. CA 13-00540

AFFINITY ELMWOOD GATEWAY PROPERTIES, LLC,

PLAINTIFF-RESPONDENT,

V

AJC PROPERTIES LLC, DEFENDANT,

EVELYN BENCINICH, SUSAN M. DAVIS, STEVEN GATHERS,

ANGELINE C. GENOVESE, SANDRA GIRAGE, LORENZ M. WUSTNER,

DEFENDANTS-APPELLANTS,

AND ARTHUR J. GIACALONE, APPELLANT.

(APPEAL NO. 1.)

AFFINITY ELMWOOD GATEWAY PROPERTIES, LLC,

PLAINTIFF-RESPONDENT,

V

AJC PROPERTIES LLC, DEFENDANT,

EVELYN BENCINICH, SUSAN M. DAVIS, STEVEN GATHERS,

ANGELINE C. GENOVESE, SANDRA GIRAGE, LORENZ M. WUSTNER,

DEFENDANTS-APPELLANTS.

(APPEAL NO. 2.)


Appellants having moved to expedite the appeal taken herein from orders of Supreme Court entered in the Office of the Clerk of the County of Erie on February 21, 2013, and March 8, 2013, and having moved for other relief,

Now, upon reading and filing the affirmation of Arthur J. Giacalone, Esq., dated May 31, 2013, the notice of motion with proof of service thereof, and the affirmation of Brendan H. Little, Esq., dated June 6, 2013, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is denied.

Entered: June 20, 2013

Frances E. Cafarell, Clerk