Matter of Kavanaugh v Consumers Beverages, Inc. (2024 NY Slip Op 01434)

Matter of Kavanaugh v Consumers Beverages, Inc.

2024 NY Slip Op 01434

Decided on March 15, 2024

Appellate Division, Fourth Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on March 15, 2024 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
PRESENT: SMITH, J.P., CURRAN, OGDEN, AND GREENWOOD, JJ.

194 CA 23-01367

[*1]IN THE MATTER OF MATTHEW KAVANAUGH, JAMES KAVANAUGH AND HELEN KAVANAUGH, FOR THE JUDICIAL DISSOLUTION OF CONSUMERS BEVERAGES, INC. PURSUANT TO BCL § 1104-a, PETITIONERS-APPELLANTS,

v

CONSUMERS BEVERAGES, INC., ET AL., RESPONDENTS, AND CORNELIUS KAVANAUGH, ALSO KNOWN AS NEIL KAVANAUGH, RESPONDENT-RESPONDENT. (APPEAL NO. 2.)

GROSS SHUMAN P.C., BUFFALO (KEVIN R. LELONEK OF COUNSEL), FOR PETITIONERS-APPELLANTS.

CONNORS LLP, BUFFALO (VINCENT E. DOYLE, III, OF COUNSEL), FOR

BARCLAY DAMON, LLP, BUFFALO (JAMES P. MILBRAND OF COUNSEL), FOR RESPONDENT CONSUMERS BEVERAGES, INC.

Appeal from an order of the Supreme Court, Erie County (Timothy J. Walker, A.J.), entered April 28, 2023. The order denied the motion of petitioners seeking leave to renew.

It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs for reasons stated at Supreme Court.

Entered: March 15, 2024

Ann Dillon Flynn

Clerk of the Court