| PATRICK LORETO, IN THE RIGHT OF AND ON BEHALF OF ENCORE PROPERTIES OF ROCHESTER, LLC, AND RICCARDO DURSI, IN THE RIGHT |
| Motion No: CA 17-01132 |
| Slip Opinion No: 2017 NY Slip Op 90733(U) |
| Decided on October 23, 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. |
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
DOCKET NO. CA 17-01766
| 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.) 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.
——————————————————————&
mdash;———- 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, THIRD-PARTY PLAINTIFF, V LINDA PALMER,
THIRD-PARTY DEFENDANT. (APPEAL NO. 4.) |
Plaintiffs-appellants having moved to consolidate the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Monroe on September 25, 2017 (appeal No. 4) with the already consolidated appeals taken from orders of the same Court on December 5, 2016 (appeal No. 1), April 11, 2017 (appeal No. 2.), and May 8, 2017 (appeal No. 3),
Now, upon reading and filing the affidavit of Joseph A. Taddeo, Jr., Esq., sworn to October 10, 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 December 5, 2016, April 11, 2017, May 8, 2017, and September 25, 2017, are hereby consolidated for the purposes of perfecting and arguing the appeals.
Entered: October 23, 2017
Mark W. Bennett, Clerk