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

DOCKET NO. CA 17-01132
DOCKET NO. CA 17-01133
DOCKET NO. CA 17-01134

PATRICK LORETO, IN THE RIGHT OF AND ON BEHALF OF ENCORE PROPERTIES OF ROCHESTER, LLC, AND RICCARDO DURSI, IN THE RIGHT OF AND ON BEHALF OF ENCORE PROPERTIES OF ROCHESTER, LLC, PLAINTIFFS-APPELLANTS, V WELLS FARGO BANK, N.A., AS TRUSTEE FOR THE REGISTERED HOLDERS OF CREDIT SUISSE FIRST BOSTON MORTGAGE SECURITIES CORP., COMMERCIAL MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2007-C5, ENCORE PROPERTY MANAGEMENT OF WESTERN NEW YORK, LLC, TIMOTHY FOSTER, AS RECEIVER, ESTATE OF KENNETH P. RAY, DECEASED, AND LINDA PALMER AS TRUSTEE OF THE PALMER FAMILY TRUST, DEFENDANTS-RESPONDENTS, KENNETH PAUL RAY, JR., EXECUTOR OF THE ESTATE OF KENNETH P. RAY, DECEASED, DEFENDANT-APPELLANT. WELLS FARGO BANK, N.A., AS TRUSTEE FOR THE REGISTERED HOLDERS OF CREDIT SUISSE FIRST BOSTON MORTGAGE SECURITIES CORP., CERTIFICATES, SERIES 2007-C5, THIRD-PARTY PLAINTIFF, V LINDA PALMER, THIRD-PARTY DEFENDANT. (APPEAL NO. 1.) PATRICK LORETO, IN THE RIGHT OF AND ON BEHALF OF ENCORE PROPERTIES OF ROCHESTER, LLC, AND RICCARDO DURSI, IN THE RIGHT OF AND ON BEHALF OF ENCORE PROPERTIES OF ROCHESTER, LLC, PLAINTIFFS-APPELLANTS, V WELLS FARGO BANK, N.A., AS TRUSTEE FOR THE REGISTERED HOLDERS OF CREDIT SUISSE FIRST BOSTON MORTGAGE SECURITIES CORP., COMMERCIAL MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2007-C5, ENCORE PROPERTY MANAGEMENT OF WESTERN NEW YORK, LLC, TIMOTHY FOSTER, AS RECEIVER, ESTATE OF KENNETH P. RAY, DECEASED, AND LINDA PALMER AS TRUSTEE OF THE PALMER FAMILY TRUST, DEFENDANTS-RESPONDENTS. ——————————————————————& mdash;———- WELLS FARGO BANK, N.A., AS TRUSTEE FOR THE REGISTERED HOLDERS OF CREDIT SUISSE FIRST BOSTON MORTGAGE SECURITIES CORP., CERTIFICATES, SERIES 2007-C5, THIRD-PARTY PLAINTIFF, V LINDA PALMER, THIRD-PARTY DEFENDANT. (APPEAL NO. 2.) PATRICK LORETO, IN THE RIGHT OF AND ON BEHALF OF ENCORE PROPERTIES OF ROCHESTER, LLC, AND RICCARDO DURSI, IN THE RIGHT OF AND ON BEHALF OF ENCORE PROPERTIES OF ROCHESTER, LLC, PLAINTIFFS-APPELLANTS, V WELLS FARGO BANK, N.A., AS TRUSTEE FOR THE REGISTERED HOLDERS OF CREDIT SUISSE FIRST BOSTON MORTGAGE SECURITIES CORP., COMMERCIAL MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2007-C5, ENCORE PROPERTY MANAGEMENT OF WESTERN NEW YORK, LLC, TIMOTHY FOSTER, AS RECEIVER, ESTATE OF KENNETH P. RAY, DECEASED, AND LINDA PALMER AS TRUSTEE OF THE PALMER FAMILY TRUST, DEFENDANTS-RESPONDENTS, KENNETH PAUL RAY, JR., EXECUTOR OF THE ESTATE OF KENNETH P. RAY, DECEASED, DEFENDANT-APPELLANT. ——————————————————————& mdash;———- WELLS FARGO BANK, N.A., AS TRUSTEE FOR THE REGISTERED HOLDERS OF CREDIT SUISSE FIRST BOSTON MORTGAGE SECURITIES CORP., CERTIFICATES, SERIES 2007-C5, THIRD-PARTY PLAINTIFF, V LINDA PALMER, THIRD-PARTY DEFENDANT. (APPEAL NO. 3.)

Plaintiffs-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 Monroe on December 5, 2016 (appeal No. 1), April 11, 2017 (appeal No. 2.), and May 8, 2017 (appeal No. 3), and for an extension of time to perfect appeal Nos. 1 and 2, and defendant-appellant Kenneth Paul Ray, Jr., as Executor of the Estate of Kenneth P. Ray having moved to consolidate appeal Nos. 1 and 3 and for an extension of time to perfect those appeals,

Now, upon reading and filing the amended affirmation of Joseph A. Taddeo, Jr., Esq., dated June 13, 2017, the affirmation of Jay G. Williams, III, Esq., dated June 13, 2017,

and the notices of motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that the motions are granted insofar as they seeks to consolidate the appeals, and the appeals from the orders entered December 5, 2016, April 11, 2017, and May 8, 2017, are hereby consolidated for the purposes of perfecting and arguing the appeals, and

It is further ORDERED that the motions are dismissed as premature insofar as they seek extensions of time to perfect the appeals (see 22 NYCRR 1000.13 [f]) .

Entered: June 27, 2017

Frances E. Cafarell, Clerk