CAROLE COTTEN DOING BUSINESS AS DYNAMICS UNLIMITED V STANTON H. LESSER, AS SUCCESSOR TRUSTEE OF THE ROBERT K. LESSER
Motion No: CA 17-01778
Slip Opinion No: 2018 NY Slip Op 67700(U)
Decided on March 19, 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.


March 19, 2018

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

DOCKET NO. CA 17-01778

CAROLE COTTEN DOING BUSINESS AS DYNAMICS UNLIMITED,

PLAINTIFF-RESPONDENT,

V

STANTON H. LESSER, AS SUCCESSOR TRUSTEE OF THE ROBERT K.

LESSER LIVING TRUST DATED APRIL 21, 2005, PALMER-BRYANT

REALTY, INC., DEFENDANTS-APPELLANTS,

ET AL., DEFENDANTS.

(ACTION NO. 1.)

GRAF BUILDING, LLC, PLAINTIFF-RESPONDENT,

V

STANTON H. LESSER AND SUE ORTON, AS CO-PERSONAL

REPRESENTATIVES OF THE ESTATE OF ROBERT K. LESSER,

DECEASED, STANTON H. LESSER, AS SUCCESSOR TRUSTEE OF THE

ROBERT K. LESSER LIVING TRUSTED DATED APRIL 21, 2005,

ROBERT K. LESSER LIVING TRUST DATED APRIL 21, 2005, AND

PALMER-BRYANT REALTY, INC., DEFENDANTS-APPELLANTS.

(ACTION NO. 2.)

MEDICOR ASSOCIATES, INC., PLAINTIFF-RESPONDENT,

V

STANTON H. LESSER AND SUE ORTON, AS CO-PERSONAL

REPRESENTATIVES OF THE ESTATE OF ROBERT K. LESSER,

DECEASED, STANTON H. LESSER, AS SUCCESSOR TRUSTEE OF THE

ROBERT K. LESSER LIVING TRUST DATED APRIL 21, 2005,

PALMER-BRYANT REALTY, INC., JOHN J. BANKOSH, DAVID BRYANT,

DEFENDANTS-APPELLANTS,

ET AL., DEFENDANTS.

(ACTION NO. 3.)

G.H. GRAF REALTY CORPORATION, GRAF BUILDING, LLC, AND

COUNTY OF CHAUTAUQUA, PLAINTIFFS-RESPONDENTS,

V

STANTON H. LESSER AND SUE ORTON, AS CO-PERSONAL

REPRESENTATIVES OF THE ESTATE OF ROBERT K. LESSER,

DECEASED, STANTON H. LESSER, AS SUCCESSOR TRUSTEE OF THE

ROBERT K. LESSER LIVING TRUST DATED APRIL 21, 2005,

PALMER-BRYANT REALTY, INC., DAVID BRYANT, JOHN J. BANKOSH,

DEFENDANTS-APPELLANTS,

ET AL., DEFENDANTS.

(ACTION NO. 4.)

CAROLE COTTEN DOING BUSINESS AS DYNAMICS UNLIMITED,

PLAINTIFF-RESPONDENT,

V

STANTON H. LESSER AND SUE ORTON, AS CO-PERSONAL

REPRESENTATIVES OF THE ESTATE OF ROBERT K. LESSER,

DECEASED, JOHN J. BANKOSH, DEFENDANTS-APPELLANTS,

ET AL., DEFENDANTS.

(ACTION NO. 5.)


Respondents having moved for extensions of time to file and serve briefs on the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Chautauqua on February 27, 2017,

Now, upon reading and filing the affidavit of Thomas D. Lyons, Esq., sworn to March 6, 2018, the affidavit of Lydia Allen Caylor, Esq., sworn to March 8, 2018, the affirmation of Howard E. Berger, Esq., dated March 8, 2018, and the affirmation of James J. Navagh, Esq., dated March 8, 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 granted on the condition that the briefs are filed and served on or before May 3, 2018, and the Clerk is directed to accept the briefs for filing, and

It is further ORDERED that reply briefs, if any, shall be filed and served on or before May 18, 2018.

Entered: March 19, 2018

Mark W. Bennett, Clerk