| 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 73710(U) |
| Decided on May 21, 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-RESPONDENTS, 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, TIMOTHY FOSTER, AS RECEIVER,
ESTATE OF KENNETH P. RAY, DECEASED, DEFENDANTS-RESPONDENTS, ET AL., DEFENDANTS, KENNETH PAUL RAY, JR., EXECUTOR OF THE ESTATE OF
KENNETH P. RAY, DECEASED, DEFENDANT-RESPONDENT-APPELLANT. (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, TIMOTHY FOSTER, AS RECEIVER, ESTATE OF KENNETH P.
RAY, DECEASED, DEFENDANTS-RESPONDENTS, ET AL, DEFENDANTS. (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, TIMOTHY FOSTER, AS RECEIVER AND ESTATE OF KENNETH P.
RAY, DECEASED, DEFENDANTS-RESPONDENTS, ET AL., DEFENDANTS, KENNETH PAUL RAY, JR., EXECUTOR OF THE ESTATE OF KENNETH P. RAY,
DECEASED, DEFENDANT-RESPONDENT-APPELLANT. (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-RESPONDENTS, 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, TIMOTHY FOSTER, AS RECEIVER AND
ESTATE OF KENNETH P. RAY, DECEASED, DEFENDANTS-RESPONDENTS, ET AL, DEFENDANTS, KENNETH PAUL RAY, JR., EXECUTOR OF THE ESTATE OF
KENNETH P. RAY, DECEASED, DEFENDANT-RESPONDENT-APPELLANT. (APPEAL NO. 4.) |
Respondent Timothy Foster, as Receiver, 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 Monroe on December 5, 2016, April 11, 2017, and May 8, 2017, and September 25, 2017, in response to the briefs filed by Patrick Loreto and Kenneth Paul Ray, Jr., Executor of the Estate of Kenneth P. Ray, deceased,
Now, upon reading and filing the affirmation of Gregory J. McDonald, Esq., dated May 10, 2018, and the notice of motion with proof of service thereof, and due deliberation having been thereon,
It is hereby ORDERED that the motion is granted on condition that the brief is filed and served on or before June 20, 2018, 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 July 5, 2018.
Entered: May 21, 2018
Mark W. Bennett, Clerk