| TOWER DB VIII TRUST 2018-I V DANIEL J. WIK, DOING BUSINESS AS CINOLE HEATHER STEPHENSON, EXECUTRIX OF THE ESTATE OF |
| Motion No: CA 24-01711 AND CA 25-00149 |
| Slip Opinion No: 2025 NY Slip Op 63555(U) |
| Decided on February 10, 2025 |
| 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., LINDLEY, CURRAN, BANNISTER, AND MONTOUR, JJ.
CA 24-01711 AND CA 25-00149
| TOWER DB VIII TRUST 2018-I, PLAINTIFF-RESPONDENT, V DANIEL J. WIK,
DOING BUSINESS AS CINOLE, DEFENDANT-APPELLANT, HEATHER STEPHENSON, EXECUTRIX OF THE ESTATE OF WILLIAM SHARPSTEEN, DECEASED, NEW YORK STATE
DEPARTMENT OF TAXATION AND FINANCE; AND JOHN DOE #1 "THROUGH" JOHN DOE #100, DEFENDANTS. |
Appellant having moved to consolidate the appeals taken herein from judgments of the Supreme Court, Monroe County, entered March 21, 2024 and December 16, 2024, and for other relief,
Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon,
It is hereby ORDERED that the motion insofar as it seeks to consolidate the appeals is dismissed as unnecessary (see 22 NYCRR 1250.9 [f][3]), and
It is further ORDERED that the motion insofar as it seeks to vacate the dismissal of CA 24-01711 is granted on the condition that the appeal is perfected on or before April 11, 2025.
Entered: February 10, 2025
Ann Dillon Flynn
Clerk of the Court