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
09-12-2017
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:
Defendants David L. Vickers in his capacity as an officer and/or agent of Raven Rock Homeowners Association, Inc., Robert M. Carrier in his capacity as an officer and/or agent of Raven Rock Homeowners Association, Inc., Raven Rock Homeowners Association, Inc., Timothy Hogan, P.E., individually and an officer/agent of Hogan Engineering, P.C., and Hogan Engineering, P.C., having moved to dismiss the appeals taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Oneida on December 10, 2015 (appeal No. 1.), and
Plaintiffs cross-move to vacate dismissal of appeal No. 1, and to dismiss the appeals of David L. Vickers, individually and doing business as David L. Vickers & Sons taken herein from judgments of the Supreme Court entered in the Office of the Clerk of the County of Oneida entered April 20, 2017 (appeal Nos. 2 through 8), and
Defendants David L. Vickers, individually and doing business as David L. Vickers & Sons having moved for an extension of time to perfect the appeals taken herein from the judgments of the Supreme Court entered in the Office of the Clerk of the County of Oneida entered April 20, 2017 (appeal Nos. 2-8), having moved to consolidate these appeals, and for other relief,
Now, upon reading and filing the affirmations of Janet F. Neumann, Esq., dated May 31, 2017, and August 2, 2017, the affirmations of Richard A. Lilling, Esq., dated June 2, 2017, and August 10, 2017, the affidavits of Merritt S. Locke, Esq., sworn to July 28, 2017, the amended affirmation of Meade H. Versace, Esq., dated August 15, 2017, the affirmations of A.J. Bosman, Esq., dated July 17, 2017, and August 14, 2017, and the notices of motion and cross motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that defendants' motions to dismiss plaintiffs' appeals are denied without prejudice, and
It is further ORDERED that plaintiffs' motion to vacate dismissal of appeal No. 1 is granted, and
It is further ORDERED that plaintiffs' motion to dismiss the appeals taken by David L. Vickers, individually and doing business as David L. Vickers & Sons is granted unless the appeals are perfected or before November 13, 2017, and
It is further ORDERED that defendants David L. Vickers, individually and doing business as David L. Vickers & Sons' motion for an extension of time to perfect appeal Nos. 2-8 is dismissed as premature (see 22 NYCRR 1000.13 [f]), and
It is further ORDERED that defendants David L. Vickers, individually and doing business as David L. Vickers & Sons motion to consolidate the appeals and cross appeals in appeal Nos. 2-8 is granted, and
It is further ORDERED that all the appeals herein are consolidated for the purpose of perfecting and arguing the appeals, and
It is further ORDERED that defendants David L. Vickers, individually and doing business as David L. Vickers & Sons motion insofar as it seeks an order requiring the parties to share in the costs of the appeals is denied.
Entered: September 12, 2017
Frances E. Cafarell, Clerk