Opinion
DOCKET NO. CA 17-01778
10-30-2017
CAROLE COTTEN DOING BUSINESS AS DYNAMICS UNLIMITED, PLAINTIFF-RESPONDENT, v. STANTON H. LESSER, AS SUCCESSOR TRUSTEE OF THE ROBERT K. LESSER LIVING TRUST DATED APRIL 21, 2005, PALMER-BRYANT REALTY, INC., DEFENDANTS-APPELLANTS, ET AL., DEFENDANTS. (ACTION NO. 1.) GRAF BUILDING, LLC, PLAINTIFF-RESPONDENT, v. STANTON H. LESSER AND SUE ORTON, AS CO-PERSONAL REPRESENTATIVES OF THE ESTATE OF ROBERT K. LESSER, DECEASED, STANTON H. LESSER, AS SUCCESSOR TRUSTEE OF THE ROBERT K. LESSER LIVING TRUSTED DATED APRIL 21, 2005, ROBERT K. LESSER LIVING TRUST DATED APRIL 21, 2005, PALMER-BRYANT REALTY, INC., DEFENDANTS-APPELLANTS, ET AL., DEFENDANTS. (ACTION NO. 2.) MEDICOR ASSOCIATES, INC., PLAINTIFF-RESPONDENT, v. STANTON H. LESSER AND SUE ORTON, AS CO-PERSONAL REPRESENTATIVES OF THE ESTATE OF ROBERT K. LESSER, DECEASED, STANTON H. LESSER, AS SUCCESSOR TRUSTEE OF THE ROBERT K. LESSER LIVING TRUST DATED APRIL 21, 2005, PALMER-BRYANT REALTY, INC., JOHN J. BANKOSH, DAVID BRYANT, DEFENDANTS-APPELLANTS, ET AL., DEFENDANTS. (ACTION NO. 3.) G.H. GRAF REALTY CORPORATION, GRAF BUILDING, LLC, AND COUNTY OF CHAUTAUQUA, PLAINTIFFS-RESPONDENTS, v. STANTON H. LESSER AND SUE ORTON, AS CO-PERSONAL REPRESENTATIVES OF THE ESTATE OF ROBERT K. LESSER, DECEASED, STANTON H. LESSER, AS SUCCESSOR TRUSTEE OF THE ROBERT K. LESSER LIVING TRUST DATED APRIL 21, 2005, PALMER-BRYANT REALTY, INC., DAVID BRYANT, JOHN J. BANKOSH, DEFENDANTS-APPELLANTS, ET AL., DEFENDANTS. (ACTION NO. 4.) CAROLE COTTEN DOING BUSINESS AS DYNAMICS UNLIMITED, PLAINTIFF-RESPONDENT, v. STANTON H. LESSER AND SUE ORTON, AS CO-PERSONAL REPRESENTATIVES OF THE ESTATE OF ROBERT K. LESSER, DECEASED, JOHN J. BANKOSH, DEFENDANTS-APPELLANTS, ET AL., DEFENDANTS. (ACTION NO. 5.)
PRESENT:
Defendants-appellants the Estate of Robert Lesser, deceased, Stanton H. Lesser as Successor Trustee of the Robert K. Lesser Living Trust dated April 21, 2005, Robert K. Lesser Living Trust dated April 21, 2005, Palmer-Bryant Realty, Inc., John Bankosh, and David Bryant having moved to consolidate the appeals taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Chautauqua on February 27, 2017, and having moved for an extension of time to perfect the appeals,
Now, upon reading and filing the affirmation of Troy S. Flascher, Esq., dated October 10, 2017, and the notice of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted insofar as it seeks to consolidate the appeals, and the appeals from the order entered February 27, 2017, are hereby consolidated for the purposes of perfecting and arguing the appeals, and
It is further ORDERED that the motion is granted insofar as it seeks an extension of time to perfect the appeals, and the moving appellants shall perfect their appeals on or before February 19, 2018, and, in the event of failure to so perfect, the appeals are hereby dismissed without further order.
Entered: October 30, 2017
Mark W. Bennett, Clerk