Opinion
DOCKET NO. CA 17-01132 DOCKET NO. CA 17-01133 DOCKET NO. CA 17-01134 DOCKET NO. CA 17-01766
06-27-2018
PATRICK LORETO, IN THE RIGHT OF AND ON BEHALF OF ENCORE PROPERTIES OF ROCHESTER, LLC, AND RICCARDO DURSI, IN THE RIGHT OF AND ON BEHALF OF ENCORE PROPERTIES OF ROCHESTER, LLC, PLAINTIFFS-APPELLANTS-RESPONDENTS, v. WELLS FARGO BANK, N.A., AS TRUSTEE FOR THE REGISTERED HOLDERS OF CREDIT SUISSE FIRST BOSTON MORTGAGE SECURITIES CORP., COMMERCIAL MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2007-C5, TIMOTHY FOSTER, AS RECEIVER, ESTATE OF KENNETH P. RAY, DECEASED, DEFENDANTS-RESPONDENTS, ET AL., DEFENDANTS, KENNETH PAUL RAY, JR., EXECUTOR OF THE ESTATE OF KENNETH P. RAY, DECEASED, DEFENDANT-RESPONDENT-APPELLANT. (APPEAL NO. 1.) PATRICK LORETO, IN THE RIGHT OF AND ON BEHALF OF ENCORE PROPERTIES OF ROCHESTER, LLC, AND RICCARDO DURSI, IN THE RIGHT OF AND ON BEHALF OF ENCORE PROPERTIES OF ROCHESTER, LLC, PLAINTIFFS-APPELLANTS, v. WELLS FARGO BANK, N.A., AS TRUSTEE FOR THE REGISTERED HOLDERS OF CREDIT SUISSE FIRST BOSTON MORTGAGE SECURITIES CORP., COMMERCIAL MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2007-C5, TIMOTHY FOSTER, AS RECEIVER, ESTATE OF KENNETH P. RAY, DECEASED, DEFENDANTS-RESPONDENTS, ET AL, DEFENDANTS. (APPEAL NO. 2.) PATRICK LORETO, IN THE RIGHT OF AND ON BEHALF OF ENCORE PROPERTIES OF ROCHESTER, LLC, AND RICCARDO DURSI, IN THE RIGHT OF AND ON BEHALF OF ENCORE PROPERTIES OF ROCHESTER, LLC, PLAINTIFFS-APPELLANTS, v. WELLS FARGO BANK, N.A., AS TRUSTEE FOR THE REGISTERED HOLDERS OF CREDIT SUISSE FIRST BOSTON MORTGAGE SECURITIES CORP., COMMERCIAL MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2007-C5, TIMOTHY FOSTER, AS RECEIVER AND ESTATE OF KENNETH P. RAY, DECEASED, DEFENDANTS-RESPONDENTS, ET AL., DEFENDANTS, KENNETH PAUL RAY, JR., EXECUTOR OF THE ESTATE OF KENNETH P. RAY, DECEASED, DEFENDANT-RESPONDENT-APPELLANT. (APPEAL NO. 3) PATRICK LORETO, IN THE RIGHT OF AND ON BEHALF OF ENCORE PROPERTIES OF ROCHESTER, LLC, AND RICCARDO DURSI, IN THE RIGHT OF AND ON BEHALF OF ENCORE PROPERTIES OF ROCHESTER, LLC, PLAINTIFFS-APPELLANTS-RESPONDENTS, v. WELLS FARGO BANK, N.A., AS TRUSTEE FOR THE REGISTERED HOLDERS OF CREDIT SUISSE FIRST BOSTON MORTGAGE SECURITIES CORP., COMMERCIAL MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2007-C5, TIMOTHY FOSTER, AS RECEIVER AND ESTATE OF KENNETH P. RAY, DECEASED, DEFENDANTS-RESPONDENTS, ET AL, DEFENDANTS, KENNETH PAUL RAY, JR., EXECUTOR OF THE ESTATE OF KENNETH P. RAY, DECEASED, DEFENDANT-RESPONDENT-APPELLANT. (APPEAL NO. 4.)
PRESENT:
Respondent Wells Fargo Bank, N.A., as Trustee for the Registered Holders of Credit Suisse First Boston Mortgage Securities Corp., Commercial Mortgage Pass-through Certificates, Series 2007-C5 having moved for an extension of time to file and serve a brief on the appeals taken herein from orders of the Supreme Court entered in the Office of the Clerk of the County of Monroe on December 5, 2016, April 11, 2017, and May 8, 2017, and September 25, 2017, in response to the briefs filed by Patrick Loreto and Kenneth Paul Ray, Jr., Executor of the Estate of Kenneth P. Ray, deceased, and for other relief,
Now, upon reading and filing the affidavit of Michael R. O'Donnell, Esq., sworn to June 14, 2018, and the notice of motion with proof of service thereof, and due deliberation having been thereon,
It is hereby ORDERED that the motion is granted on condition that the brief is filed and served on or before July 2, 2018, and the Clerk is directed to accept the brief for filing, and
It is further ORDERED that reply briefs, in response to the brief of Wells Fargo Bank, N.A., shall be filed and served on or before July 17, 2018, and the Clerk is directed to accept those briefs for filing.
Entered: June 27, 2018
Mark W. Bennett, Clerk