MANUFACTURERS AND TRADERS TRUST COMPANY V CLIENT SERVER DIRECT, INC. . CLIENT SERVER DIRECT, INC., ACN PROPERTIES, LLC

MANUFACTURERS AND TRADERS TRUST COMPANY V CLIENT SERVER DIRECT, INC. . CLIENT SERVER DIRECT, INC., ACN PROPERTIES, LLC

Motion No: CA 16-01441

Slip Opinion No: 2017 NY Slip Op 62569(U)

Decided on January 30, 2017

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.

January 30, 2017

PRESENT: WHALEN, P.J., CENTRA, PERADOTTO, CARNI, AND LINDLEY, JJ.

DOCKET NO. CA 16-01441
DOCKET NO. CA 17-00141
DOCKET NO. CA 17-00142

MANUFACTURERS AND TRADERS TRUST COMPANY,
PLAINTIFF-RESPONDENT,
V
CLIENT SERVER DIRECT, INC., ET AL., DEFENDANTS.
CLIENT SERVER DIRECT, INC., ACN PROPERTIES, LLC,
JEFFREY T. DRILLING, AND HOLLY DRILLING,
THIRD-PARTY PLAINTIFFS-APPELLANTS,
V
M & T BANK CORPORATION, MICHAEL (MICK) WHIPPLE,
ALFRED LUHR, III, MARK MARTIN,
THIRD-PARTY DEFENDANTS-RESPONDENTS.
(APPEAL NO. 2.)
MANUFACTURERS AND TRADERS TRUST COMPANY,
PLAINTIFF-RESPONDENT,
V
CLIENT SERVER DIRECT, INC., ET AL., DEFENDANTS.
CLIENT SERVER DIRECT, INC., ACN PROPERTIES, LLC,
JEFFREY T. DRILLING, AND HOLLY DRILLING, THIRD-PARTY
PLAINTIFFS-APPELLANTS,
V
M & T BANK CORPORATION, ET AL., THIRD-PARTY DEFENDANTS,
MICHAEL (MICK) WHIPPLE, THIRD-PARTY DEFENDANT-RESPONDENT.
(APPEAL NO. 1.)
MANUFACTURERS AND TRADERS TRUST COMPANY,
PLAINTIFF-RESPONDENT,
V
CLIENT SERVER DIRECT, INC., ACN PROPERTIES, LLC,
JEFFREY T. DRILLING, AND HOLLY DRILLING,
DEFENDANTS-APPELLANTS, ET AL., DEFENDANTS.
CLIENT SERVER DIRECT, INC., ACN PROPERTIES, LLC,
JEFFREY T. DRILLING, AND HOLLY DRILLING,
THIRD-PARTY PLAINTIFFS-APPELLANTS,
V
M & T BANK CORPORATION, DEFENDANT-RESPONDENT, ET AL.,
THIRD-PARTY-DEFENDANTS.
(APPEAL NO. 3.)

Appellants having moved to consolidate the appeals taken herein from orders of the Supreme Court entered in the Office of the Clerk of the County of Erie on June 10, 2016 (docket No. CA 17- 00141), June 27, 2016 (docket No. CA 16-01441), and October 17, 2016 (docket No. CA 17-00142),

Now, upon reading and filing the affirmation of Agatha M. Cole, Esq., dated January 17, 2017, 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 orders entered June 10, 2016, June 27, 2016, October 17, 2016, are hereby consolidated for the purposes of perfecting and arguing the appeals.

Entered: January 30, 2017

Frances E. Cafarell, Clerk