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.)

Appellant having moved to expedite 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

Respondents Resolution Management, LLC, Arena Development, LLC, Robert J. Goodyear, and Neaverth Enterprises, LLC having cross-moved for an extension of time to file and serve their respondents' brief,

Now, upon reading and filing the affidavits of Edward P. Yankelunas, Esq., sworn to August 6, 2014, and August 21, 2014, the affidavit of Adam P. Haney, Esq., sworn to August 20, 2014, the notices of motion and cross motion with proof of service thereof, and the affirmation of Thomas J. Gaffney, Esq., dated August 18, 2014, and due deliberation having been had thereon,

It is hereby ORDERED that appellant's motion insofar as it seeks to expedite the appeals is denied, and

It is further ORDERED that respondents Resolution Management, LLC, Arena Development, LLC, Robert J. Goodyear, and Neaverth Enterprises, LLC's cross motion insofar as it seeks an extension of time to file and serve a respondents' brief is granted on condition that the brief is filed and served on or before October 21, 2014, and the Clerk is directed to accept the brief for filing, and

It is further ORDERED that reply briefs in response to respondents Resolution Management, LLC, Arena Development, LLC, Robert J. Goodyear, and Neaverth Enterprises, LLC's brief, if any, shall be filed and served on or before November 5, 2014.

Entered: September 11, 2014

Frances E. Cafarell, Clerk