| 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: 2018 NY Slip Op 62797(U) |
| Decided on January 30, 2018 |
| 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-APPELLANT.
——————————————————————&
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.) |
Appellants-plaintiffs having moved for an extension of time to perfect 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), and April 11, 2017 (appeal No. 2.), and defendant-appellant having moved for an extension of time to perfect appeal No. 1,
Now, upon reading and filing the affidavit of Joseph A. Taddeo, Jr., Esq., sworn to January 4, 2018, the affidavit of Jay G. Williams, III, Esq., sworn to January 12, 2018, 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 dismissed.
Memorandum: The appeals are stayed pursuant to 11 USC § 362.
Entered: January 30, 2018
Mark W. Bennett, Clerk