Opinion
DOCKET NO. CA 17-01048 DOCKET NO. CA 17-01392 DOCKET NO. CA 17-01393 DOCKET NO. CA 17-01394 DOCKET NO. CA 17-01395 DOCKET NO. CA 17-01396 DOCKET NO. CA 17-01397 DOCKET NO. CA 17-01398
06-18-2018
JOANNE FRASCA, PLAINTIFF-APPELLANT v. LEGEND DEVELOPERS, LLC, DAVID L. VICKERS & SONS, DAVID L. VICKERS, INDIVIDUALLY AND IN HIS CAPACITY AS AN OFFICER AND/OR AGENT OF LEGEND DEVELOPERS, LLC AND/OR RAVEN ROCK HOMEOWNERS ASSOCIATION, INC., ROBERT M. CARRIER, INDIVIDUALLY AND IN HIS CAPACITY AS AN OFFICER AND/OR AGENT OF LEGEND DEVELOPERS, LLC AND/OR RAVEN ROCK HOMEOWNERS ASSOCIATIONS, INC., HOGAN ENGINEERING, PC, TIMOTHY HOGAN, P.E., INDIVIDUALLY AND IN HIS CAPACITY AS AN AGENT OF LEGEND DEVELOPERS, LLC AND/OR RAVEN ROCK HOMEOWNERS ASSOCIATION, INC., RAVEN ROCK HOMEOWNERS ASSOCIATION, INC., ET AL., DEFENDANTS-RESPONDENTS. DONALD CARDIFF, DIANA CARDIFF, PATTI MORSE, ROBERT ROSSI, AS EXECUTOR OF THE ESTATE OF ALBERTA ROSSI, DECEASED, DOUGLAS SINGLETON, JAN SINGLETON, RICHARD TRIFICANA, MARTHA TRIFICANA, ELLEN SUE SESTITO, AND GLORIA M. IZZO, PLAINTIFFS-APPELLANTS, v. ROBERT M. CARRIER, INDIVIDUALLY AND AS OFFICER/AGENT OF LEGEND DEVELOPERS, LLC, DAVID L. VICKERS, INDIVIDUALLY AND AS OFFICER/AGENT OF LEGEND DEVELOPERS, LLC, LEGEND DEVELOPERS, LLC, TIMOTHY HOGAN, P.E., INDIVIDUALLY AND AS OFFICER/AGENT OF HOGAN ENGINEERING, P.C., AND HOGAN ENGINEERING P.C., JOINTLY AND SEVERALLY, DEFENDANTS-RESPONDENTS. DONALD CARDIFF, DIANE CARDIFF, PATTI MORSE, ROBERT ROSSI, AS EXECUTOR OF THE ESTATE OF ALBERTA ROSSI, DECEASED, DOUGLAS SINGLETON, JAN SINGLETON, RICHARD TRIFICANA, MARTHA TRIFICANA, GLORIA M. IZZO, AND ELLEN SUE SESTITO, PLAINTIFFS-APPELLANTS, v. RAVEN ROCK ESTATES HOMEOWNERS ASSOCIATION, INC., ROBERT M. CARRIER, INDIVIDUALLY AND IN HIS CAPACITY AS AN OFFICER AND/OR AGENT OF RAVEN ROCK ESTATES HOMEOWNERS ASSOCIATION, INC., ET AL., DEFENDANTS-RESPONDENTS. (APPEAL NO. 1.) ELLEN SUE SESITITO, PLAINTIFF-APPELLANT-RESPONDENT, v. DAVID L. VICKERS & SONS AND DAVID L. VICKERS, INDIVIDUALLY, DEFENDANTS-RESPONDENTS-APPELLANTS. (APPEAL NO. 2.) RICHARD TRIFICANA AND MARTHA TRIFICANA, PLAINTIFFS-APPELLANTS-RESPONDENTS, v. DAVID L. VICKERS & SONS AND DAVID L. VICKERS, INDIVIDUALLY, DEFENDANTS-RESPONDENTS-APPELLANTS. (APPEAL NO. 3.) DONALD CARDIFF AND DIANA CARDIFF, PLAINTIFFS-APPELLANTS-RESPONDENTS, v. DAVID L. VICKERS & SONS AND DAVID L. VICKERS, INDIVIDUALLY, DEFENDANTS-RESPONDENTS-APPELLANTS. (APPEAL NO. 4.) DOUGLAS SINGLETON AND JAN SINGLETON, PLAINTIFFS-APPELLANTS-RESPONDENTS, v. DAVID L. VICKERS & SONS, AND DAVID L. VICKERS, INDIVIDUALLY, DEFENDANTS-RESPONDENTS-APPELLANTS. (APPEAL NO. 5.) PATRICIA A. MORSE, PLAINTIFF-APPELLANT-RESPONDENT, v. DAVID L. VICKERS & SONS AND DAVID L. VICKERS, INDIVIDUALLY, DEFENDANTS-RESPONDENTS-APPELLANTS. (APPEAL NO. 6.) GLORIA M. IZZO, PLAINTIFF-APPELLANT-RESPONDENT, v. DAVID L. VICKERS & SONS AND DAVID L. VICKERS, INDIVIDUALLY, DEFENDANTS-RESPONDENTS-APPELLANTS. (APPEAL NO. 7.) JOANNE FRASCA, PLAINTIFF-APPELLANT-RESPONDENT, v. DAVID L. VICKERS & SONS AND DAVID L. VICKERS, INDIVIDUALLY, DEFENDANTS-RESPONDENTS-APPELLANTS. (APPEAL NO. 8.)
PRESENT:
Plaintiffs Joanne Frasca, Donald Cardiff, Diane Cardiff, Rnady J. Schaal, Trustee of the Estate in Bankrucpty of Patricia Morse, Douglas Singleton, Jan Singleton, Richard Trificana, Martha Trificana, Ellen Sue Sestito, and Gloria Izzo having moved for an order lifting the stay imposed pursuant to 11 USC § 362, to modify the caption, and for an extension of time to perfect their appeals taken herein from an order and judgments of the Supreme Court entered in the Office of the Clerk of the County of Oneida on December 10, 2015, and April 20, 2017, and defendants-appellants David L. Vickers, individually and doing business as David L. Vickers & Sons having cross-moved for an extension of time to perfect their appeals taken from judgments entered April 20, 2017,
Now, upon reading and filing the affirmation of A.J. Bosman, Esq., dated May 15, 2018, the affidavit of Merritt S. Locke, Esq., sworn to May 22, 2018, the notices of motion and cross motion with proof of service thereof, the affirmation Kelly J. Pare, Esq., dated May 23, 2018, and the affirmation of Richard A. Lilling, Esq., dated May 24, 2018, and due deliberation having been had thereon,
It is hereby ORDERED that the motions are denied without prejudice to a new motion that includes documentary evidence demonstrating the bankruptcy proceedings involving Patricia Morse have been discharged or, in the alternative, to an application in United States Bankruptcy Court to lift the automatic stay (see 11 USC § 362 [d]).
Entered: June 18, 2018
Mark W. Bennett, Clerk