ARMBRUSTER CAPITAL MANAGEMENT, INC. V ELIZABETH BARRETT AND APEX WEALTH ADVISERS, LLC, FORMERLY KNOWN AS APEX ADVISERS
Motion No: CA 24-01939
Slip Opinion No: 2025 NY Slip Op 80965(U)
Decided on November 17, 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.


November 17, 2025

PRESENT: WHALEN, P.J., LINDLEY, CURRAN, BANNISTER, AND MONTOUR, JJ.

CA 24-01939

ARMBRUSTER CAPITAL MANAGEMENT, INC.,

PLAINTIFF-APPELLANT,

V

ELIZABETH BARRETT AND APEX WEALTH ADVISERS, LLC,

FORMERLY KNOWN AS APEX ADVISERS, LLC,

DEFENDANTS-RESPONDENTS.


Defendants having moved to vacate the dismissal of the cross appeal taken herein from an order of the Supreme Court, Monroe County, entered November 25, 2024,

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 is granted on the condition that the cross appeal is perfected on or before December 17, 2025.

Entered: November 17, 2025

Ann Dillon Flynn

Clerk of the Court