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
02-19-2019
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, P.C., 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, RANDY J. SCHAAL, TRUSTEE OF THE ESTATE IN BANKRUPTCY OF 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 SESTITO, PLAINTIFF-APPELLANT-RESPONDENT, v. DAVID L. VICKERS & SONS AND DAVID L. VICKERS, INDIVIDUALLY, DEFENDANTS-RESPONDENTS-APPELLANT. (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.) RANDY J. SCHALL, TRUSTEE OF THE ESTATE IN BANKRUPTCY OF 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:
Respondent Raven Rock Homeowners Association, Inc. having moved for an extension of time to file and serve a respondent's brief on the appeals and cross 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 having moved to put the appeals over term,
Now, upon reading and filing the affirmation and the statement of Sarah M. Ziolkowski, Esq., dated February 8, 2019, and February 19, 2019, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted insofar as it seeks an extension of time to file and serve a respondent's brief on the condition that the brief is filed and served on or before March 21, 2019, and the Clerk is directed to accept the brief for filing, and
It is hereby ORDERED that the motion is granted insofar as it seeks to put the appeals over term, and the appeals are hereby removed the Court's day calendar for February 28, 2019, and is added to the term of this Court commencing April 1, 2019.
Entered: February 19, 2019
Mark W. Bennett, Clerk