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
11-30-2017
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:
Appellant David L. Vickers & Sons and David L. Vickers, individually having moved for an extension of time to perfect their appeals taken herein from orders of the Supreme Court entered in the Office of the Clerk of the County of Oneida on April 20, 2017 (appeal Nos. 2 - 8), and plaintiffs Joanne Frasca, Donald Cardiff, Diane Cardiff, Douglas Singleton, Jan Singleton, Richard Trificana, Martha Trificana, Ellen Sue Sestito, and Gloria Izzo having moved to severing the claims of plaintiff Patricia Morse in appeal Nos. 1 and 6, and for an extension of time to perfect all remaining appeals,
Now, upon reading and filing the affidavits of Merritt S. Locke, Esq., sworn to October 13, 2017, and October 26, 2017, and the notice of motion with proof of service thereof, and the affirmation of A.J. Bosman, Esq., dated October 20, 2017, and due deliberation having been had thereon,
It is hereby ORDERED that the motions insofar as they seek extensions of time to perfect the appeals are dismissed, and
It is further ORDERED that plaintiffs' motion insofar as it seeks to sever the claims of Patricia Morse in appeal Nos. 1 and 6, and to unconsolidate Patricia Morse's appeals from the remaining appeals is denied.
Memorandum: The appeals are stayed pursuant to 11 USC § 362.
Entered: November 30, 2017
Mark W. Bennett, Clerk