| IN THE MATTER OF COLONIAL SURETY COMPANY V LAKEVIEW ADVISORS, LLC, RESOLUTION MANAGEMENT, LLC AND NATIONAL CREDIT |
| Motion No: CA 14-00318 |
| Slip Opinion No: 2014 NY Slip Op 67474(U) |
| Decided on March 20, 2014 |
| 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 14-00318
DOCKET NO. CA 14-00319
| IN THE MATTER OF COLONIAL SURETY COMPANY,
PETITIONER-APPELLANT, V LAKEVIEW ADVISORS, LLC, RESOLUTION MANAGEMENT, LLC AND NATIONAL CREDIT ADJUSTERS, LLC,
RESPONDENTS-RESPONDENTS, NEAVERTH ENTERPRISES, LLC, ARENA DEVELOPMENT, LLC, ROBERT J. GOODYEAR,
INTERVENORS-RESPONDENTS. (PROCEEDING NO. 1.) IN THE MATTER OF COLONIAL SURETY COMPANY,
PETITIONER-APPELLANT, V NEAVERTH ENTERPRISES, LLC, ARENA DEVELOPMENT, LLC, ROBERT J. GOODYEAR, ANITA M. HANSEN,
AND GARY ALBANESE, RESPONDENTS-RESPONDENTS. (PROCEEDING NO. 2.) (APPEAL NO. 1.) IN THE MATTER OF COLONIAL
SURETY COMPANY, PETITIONER-APPELLANT, V LAKEVIEW ADVISORS, LLC, RESOLUTION MANAGEMENT, LLC AND NATIONAL
CREDIT ADJUSTERS, LLC, RESPONDENTS-RESPONDENTS, NEAVERTH ENTERPRISES, LLC, ARENA DEVELOPMENT, LLC, ROBERT J. GOODYEAR,
INTERVENORS-RESPONDENTS. (PROCEEDING NO. 1.) IN THE MATTER OF COLONIAL SURETY COMPANY,
PETITIONER-APPELLANT, V NEAVERTH ENTERPRISES, LLC, ARENA DEVELOPMENT, LLC, ROBERT J. GOODYEAR, ANITA M. HANSEN,
AND GARY ALBANESE, RESPONDENTS-RESPONDENTS. (PROCEEDING NO. 2.) (APPEAL NO.
2.) |
Petitioner-appellant having moved to consolidate the appeals taken herein from an order and judgment and an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on September 26, 2013 (appeal No. 1), and October 4, 2013 (appeal No. 2), and having moved to expedite the appeals,
Now, upon reading and filing the affidavits of Edward P. Yankelunas, Esq., sworn to February 13, 2014, and March 6, 2014, the notice of motion with proof of service thereof, and the affirmation of Dennis C. Vacco, Esq., dated February 27, 2014, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted insofar as it seeks to consolidate the appeals, and the appeals from the order and judgment and the order entered September 26, 2013, and October 4, 2013, are hereby consolidated for the purposes of perfecting and arguing the appeals, and
It is further ORDERED that the motion insofar as it seeks to expedite the appeals is dismissed as premature (see 22 NYCRR 1000.10 [d]).
Entered: March 20, 2014
Frances E. Cafarell, Clerk