Matter of Colonial Sur. Co. v Lakeview Advisors, LLC
2011 NY Slip Op 01208 [81 AD3d 1460]
February 18, 2011
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, March 30, 2011


In the Matter of Colonial Surety Company, Appellant, v Lakeview Advisors, LLC, et al., Respondents, et al., Respondent. (Appeal No. 1.)

—[*1] Underberg & Kessler LLP, Buffalo (Edward P. Yankelunas of counsel), for petitioner-appellant.

Law Office of Joseph G. Makowski, LLC, Buffalo (Carl Steinbrenner of counsel), for respondent-respondent Lakeview Advisors, LLC.

Lippes Mathias Wexler Friedman LLP, Buffalo (Dennis C. Vacco of counsel), for respondent-respondent Resolution Management, LLC.

Appeal from an order of the Supreme Court, Erie County (John A. Michalek, J.), entered July 13, 2010 in a proceeding pursuant to CPLR article 52. The order, among other things, directed respondent Resolution Management, LLC to pay the sum of $537,000 into an escrow account.

It is hereby ordered that said appeal is unanimously dismissed without costs.

Same memorandum as in Matter of Colonial Sur. Co. v Lakeview Advisors, LLC (81 AD3d 1460 [2011]). Present—Smith, J.P., Peradotto, Lindley, Sconiers and Martoche, JJ.