US INCOME PARTNERS, LLC, V CYPRESS POINTE FL HOLDINGS, LLC, PHILLIPS LYTLE, LLP, ANTHONY M. CARELLO AND RYAN A. LOWN, .
Motion No: CA 25-01490
Slip Opinion No: 2026 NY Slip Op 63125(U)
Decided on February 23, 2026
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.


February 23, 2026

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

CA 25-01490
CA 25-01943

US INCOME PARTNERS, LLC, PLAINTIFF-RESPONDENT-APPELLANT,

V

CYPRESS POINTE FL HOLDINGS, LLC, PHILLIPS LYTLE, LLP,

ANTHONY M. CARELLO AND RYAN A. LOWN, DEFENDANTS-RESPONDENTS-APPELLANTS.



SILVER & FELDMAN, PHILLIP M. SILVER, ESQ., ROBERT C. MORGAN, ROBYN K. MORGAN, TODD MORGAN, LACEY MORGAN KATZ, THE ROBERT MORGAN LIMITED PARTNERSHIP III,

R. MORGAN MANAGEMENT III, LLC, STEWART TITLE GUARANTY COMPANY, MYSTIC POINTE FL, LLC, RONALD TOSKI, MARGARET A. TOSKI, LAKEWOOD MANAGEMENT SERVICES LLC, ANTHONY J. CUTAIA, CFLA LLC, GREGORY CRAIG, MICHAEL J. TREMITI, 2012 JCG HOLDINGS LLC, HANANIA FAMILY PARTNERSHIP L.P. AND GPC HOLDINGS LLC, DEFENDANTS-APPELLANTS-RESPONDENTS.

US INCOME PARTNERS, LLC, PLAINTIFF-APPELLANT,

V

CYPRESS POINTE FL HOLDINGS, LLC, ET AL., DEFENDANTS-RESPONDENTS.


Lipsitz Green Scime Cambria, LLP having moved for permission to withdraw as counsel for Ronald Toski, Margaret A. Toski, and Lakewood Management Services, LLC on the appeals taken herein from orders of the Supreme Court, Monroe County, entered July 11, 2025 and October 27, 2025, and for other relief,

Now, upon reading and filing the papers with respect to the motions, and due deliberation having been had thereon,

It is hereby ORDERED that the motions insofar they seek permission to withdraw as counsel are granted to the extent that the law firm of Lipsitz Green Scime & Cambria LLP including Patrick J. Mackey, Esq., are relieved as counsel to Ronald Toski, Margaret A. Toski, and Lakewood Management Services, LLC in the appeals, and

It is further ORDERED that the motions insofar as they seek other relief are denied.

Dated: February 23, 2026

Ann Dillon Flynn

Clerk of the Court