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 75686(U)

Decided on May 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.

May 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.)

Respondents Manufacturer and Traders Trust Company, Mark Martin, and Alfred Luhr, III having moved for an extension of time to file and serve a brief on 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, June 27, 2016, and October 17, 2016,

Now, upon reading and filing the affirmation of Robert J. Fluskey, Jr., Esq., dated May 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 on the condition that the brief is filed and served on or before June 7, 2017, and the Clerk is directed to accept the brief for filing, and

It is further ORDERED that reply briefs, if any, shall be filed and served on or before June 22, 2017.

Entered: May 30, 2017

Frances E. Cafarell, Clerk