Opinion
DOCKET NO. CA 17-01132 DOCKET NO. CA 17-01133 DOCKET NO. CA 17-01134 DOCKET NO. CA 17-01766
11-16-2017
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, ENCORE PROPERTY MANAGEMENT OF WESTERN NEW YORK, LLC, TIMOTHY FOSTER, AS RECEIVER, ESTATE OF KENNETH P. RAY, DECEASED, AND LINDA PALMER AS TRUSTEE OF THE PALMER FAMILY TRUST, DEFENDANTS-RESPONDENTS, KENNETH PAUL RAY, JR., EXECUTOR OF THE ESTATE OF KENNETH P. RAY, DECEASED, DEFENDANT-APPELLANT. WELLS FARGO BANK, N.A., AS TRUSTEE FOR THE REGISTERED HOLDERS OF CREDIT SUISSE FIRST BOSTON MORTGAGE SECURITIES CORP., CERTIFICATES, SERIES 2007-C5, THIRD-PARTY PLAINTIFF, v. LINDA PALMER, THIRD-PARTY DEFENDANT. (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, ENCORE PROPERTY MANAGEMENT OF WESTERN NEW YORK, LLC, TIMOTHY FOSTER, AS RECEIVER, ESTATE OF KENNETH P. RAY, DECEASED, AND LINDA PALMER AS TRUSTEE OF THE PALMER FAMILY TRUST, DEFENDANTS-RESPONDENTS. WELLS FARGO BANK, N.A., AS TRUSTEE FOR THE REGISTERED HOLDERS OF CREDIT SUISSE FIRST BOSTON MORTGAGE SECURITIES CORP., CERTIFICATES, SERIES 2007-C5, THIRD-PARTY PLAINTIFF, v. LINDA PALMER, THIRD-PARTY DEFENDANT. (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, ENCORE PROPERTY MANAGEMENT OF WESTERN NEW YORK, LLC, TIMOTHY FOSTER, AS RECEIVER, ESTATE OF KENNETH P. RAY, DECEASED, AND LINDA PALMER AS TRUSTEE OF THE PALMER FAMILY TRUST, DEFENDANTS-RESPONDENTS, KENNETH PAUL RAY, JR., EXECUTOR OF THE ESTATE OF KENNETH P. RAY, DECEASED, DEFENDANT-APPELLANT. WELLS FARGO BANK, N.A., AS TRUSTEE FOR THE REGISTERED HOLDERS OF CREDIT SUISSE FIRST BOSTON MORTGAGE SECURITIES CORP., CERTIFICATES, SERIES 2007-C5, THIRD-PARTY PLAINTIFF, v. LINDA PALMER, THIRD-PARTY DEFENDANT. (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, 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, ENCORE PROPERTY MANAGEMENT OF WESTERN NEW YORK, LLC, TIMOTHY FOSTER, AS RECEIVER, ESTATE OF KENNETH P. RAY, DECEASED, AND LINDA PALMER AS TRUSTEE OF THE PALMER FAMILY TRUST, DEFENDANTS-RESPONDENTS, KENNETH PAUL RAY, JR., EXECUTOR OF THE ESTATE OF KENNETH P. RAY, DECEASED, DEFENDANT-APPELLANT. 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, THIRD-PARTY PLAINTIFF, v. LINDA PALMER, THIRD-PARTY DEFENDANT. (APPEAL NO. 4.)
PRESENT:
Defendant-appellant Kenneth Paul Ray, Jr., Executor of the Estate of Kenneth P. Ray, deceased, having moved to consolidate the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Monroe on September 25, 2017 (appeal No. 4) with the already consolidated appeals taken from orders of the same Court on December 5, 2016 (appeal No. 1), April 11, 2017 (appeal No. 2.), and May 8, 2017 (appeal No. 3), and for an extension of time to perfect appeal No. 1,
Now, upon reading and filing the affirmation of Jay G. Williams, III, Esq., dated October 31, 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, and the movant's appeals from the orders entered December 5, 2016, April 11, 2017, May 8, 2017, and September 25, 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 appeal No. 1, to the extent that the ordering paragraph of the order of this Court entered September 11, 2017, is hereby amended by deleting the date November 20, 2017, and inserting in its place the date January 19, 2018, as it relates to Defendant-appellant Kenneth Paul Ray, Jr., Executor of the Estate of Kenneth P. Ray, deceased.
Entered: November 16, 2017
Mark W. Bennett, Clerk