MEADOWLANDS PORTFOLIO, LLC, AS ASSIGNEE OF THE FEDERAL DEPOSIT INSURANCE CORPORATION V GEORGE F. MANTON, SR., U.S.
Motion No: CA 13-01591
Slip Opinion No: 2013 NY Slip Op 87103(U)
Decided on September 26, 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.


September 26, 2013

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

DOCKET NO. CA 13-01591
DOCKET NO. CA 13-01592

MEADOWLANDS PORTFOLIO, LLC, AS ASSIGNEE OF THE FEDERAL

DEPOSIT INSURANCE CORPORATION, PLAINTIFF-APPELLANT,

V

GEORGE F. MANTON, SR., U.S. SMALL BUSINESS ADMINISTRATION,

AS ASSIGNEE OF JEFFERSON NATIONAL BANK, ANTHONY C. CAPONE,

ANGELINE O. CAPONE, DONALD J. MANTON, MARY E. MANTON,

COMMISSIONER OF TAXATION AND FINANCE, AND JOHN DOE #1

THROUGH JOHN DOE #5, THE LAST 10 NAMES BEING FICTITIOUS AND

UNKNOWN TO THE PLAINTIFF, THE PERSONS OR PARTIES INTENDED

BEING THE PERSONS OR PARTIES, IF ANY, HAVING OR CLAIMING AN

INTEREST IN OR LIEN UPON THE MORTGAGED PREMISES DESCRIBED

IN THE COMPLAINT, DEFENDANTS-RESPONDENTS.

(APPEAL NO. 1.)

MEADOWLANDS PORTFOLIO, LLC, AS ASSIGNEE OF THE FEDERAL

DEPOSIT INSURANCE CORPORATION, PLAINTIFF-APPELLANT,

V

GEORGE F. MANTON, SR., U.S. SMALL BUSINESS ADMINISTRATION, AS

ASSIGNEE OF JEFFERSON NATIONAL BANK, ANTHONY C. CAPONE,

DONALD J. MANTON, MARY E. MANTON, COMMISSIONER OF TAXATION

AND FINANCE, AND JOHN DOE #1 THROUGH JOHN DOE #5,

DEFENDANTS-RESPONDENTS.

(APPEAL NO. 2.)


Appellant having moved to consolidate the appeals taken herein from a judgment and an order of the Supreme Court entered in the Office of the Clerk of the County of Jefferson on January 29, 2013 (appeal No. 1), and March 14, 2013 (appeal No. 2),

Now, upon reading and filing the affidavit of Keith B. Caughlin, Esq., sworn to September 9, 2013, 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 and the appeals from the judgment and order entered January 29, 2013, and May 14, 2013, are hereby consolidated for the purposes of perfecting and arguing the appeals.

Entered: September 26, 2013

Frances E. Cafarell, Clerk