PRESENT: FAHEY, J.P., PERADOTTO, LINDLEY, SCONIERS, AND WHALEN, JJ.

DOCKET NO. CA 13-00041

FIVE STAR BANK, PLAINTIFF-RESPONDENT, V MARK LEWANDOWSKI, DEFENDANT-APPELLANT, ET AL., DEFENDANTS.

Respondent having moved to dismiss the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on April 13, 2012, on the ground that appellant failed to appeal from a subsequently issued judgment and that the subject property was sold pursuant to that judgment, or, in the alternative, to reschedule oral argument of the appeal,

Now, upon reading and filing the affirmations of F. Michael Ostrander, Esq., received August 14, 2013, and August 30, 2013, the notice of motion with proof of service thereof, and the affirmation of Keisha A. Williams, Esq., dated August 26, 2013, and due deliberation having been had thereon,

It is hereby ORDERED that the motion insofar as it seeks to dismiss the appeal is denied with leave to renew at oral argument, and

It is further ORDERED that the motion insofar as it seeks to reschedule oral argument is granted, and the appeal is removed from this Court's day calendar for October 18, 2013, and added to this Court's day calendar for Tuesday, December 10, 2013, at 10:00 a.m. in the Hon. Samuel L. Green Courtroom.

Entered: September 13, 2013

Frances E. Cafarell, Clerk