SUPREME COURT OF THE STATE OF NEW YORK
Appellate Division, Fourth Judicial Department
212.1
CA 10-02056
PRESENT: SMITH, J.P., PERADOTTO, LINDLEY, SCONIERS, AND MARTOCHE, JJ.
IN THE MATTER OF COLONIAL SURETY
COMPANY, PETITIONER-APPELLANT,
V MEMORANDUM AND ORDER
LAKEVIEW ADVISORS, LLC, RESOLUTION
MANAGEMENT, LLC, RESPONDENTS-RESPONDENTS,
AND NATIONAL CREDIT ADJUSTERS, LLC, RESPONDENT.
(APPEAL NO. 1.)
UNDERBERG & KESSLER LLP, BUFFALO (EDWARD P. YANKELUNAS OF COUNSEL),
FOR PETITIONER-APPELLANT.
LAW OFFICE OF JOSEPH G. MAKOWSKI, LLC, BUFFALO (CARL STEINBRENNER OF
COUNSEL), FOR RESPONDENT-RESPONDENT LAKEVIEW ADVISORS, LLC.
LIPPES MATHIAS WEXLER FRIEDMAN LLP, BUFFALO (DENNIS C. VACCO OF
COUNSEL), FOR RESPONDENT-RESPONDENT RESOLUTION MANAGEMENT, LLC.
Appeal from an order of the Supreme Court, Erie County (John A.
Michalek, J.), entered July 13, 2010 in a proceeding pursuant to CPLR
article 52. The order, among other things, directed respondent
Resolution Management, LLC to pay the sum of $537,000 into an escrow
account.
It is hereby ORDERED that said appeal is unanimously dismissed
without costs.
Same Memorandum as in Colonial Sur. Co. v Lakeview Advisors, LLC
([appeal No. 2] ___ AD3d ___ [Feb. 18, 2011]).
Entered: February 18, 2011 Patricia L. Morgan
Clerk of the Court