Matter of Colonial Sur. Co. v Lakeview Advisors, LLC

Matter of Colonial Sur. Co. v Lakeview Advisors, LLC 2015 NY Slip Op 01003 Decided on February 6, 2015 Appellate Division, Fourth Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on February 6, 2015 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
PRESENT: SMITH, J.P., FAHEY, CARNI, VALENTINO, AND WHALEN, JJ.
44 CA 14-00319

[*1]IN THE MATTER OF COLONIAL SURETY COMPANY, PETITIONER-APPELLANT,

v

LAKEVIEW ADVISORS, LLC, ET AL., RESPONDENTS, AND RESOLUTION MANAGEMENT, LLC, RESPONDENT-RESPONDENT. (PROCEEDING NO. 1.) —————————————————————— IN THE MATTER OF



COLONIAL SURETY COMPANY, PETITIONER-APPELLANT, VNEAVERTH ENTERPRISES, LLC, ET AL., RESPONDENTS, ANITA M. HANSEN AND GARY ALBANESE, RESPONDENTS-RESPONDENTS. (PROCEEDING NO. 2.) (APPEAL NO. 2.)

Appeal from an order of the Supreme Court, Erie County (John A. Michalek, J.), entered October 4, 2013. The order granted the motion of respondents Resolution Management, LLC, Anita M. Hansen and Gary Albanese to strike the jury demand of petitioner and struck the jury demand.

UNDERBERG & KESSLER LLP, BUFFALO (EDWARD P. YANKELUNAS OF COUNSEL), AND MCELROY, DEUTSCH, MULVANEY & CARPENTER, LLP, NEW YORK CITY, FOR PETITIONER-APPELLANT.

LIPPES MATHIAS WEXLER FRIEDMAN LLP, BUFFALO (DENNIS C. VACCO OF COUNSEL), FOR RESPONDENT-RESPONDENT RESOLUTION MANAGEMENT, LLC.

It is hereby ORDERED that said appeal from that part of the order granting relief with respect to respondents Anita M. Hansen and Gary Albanese is unanimously dismissed, and the order is affirmed without costs.

Same Memorandum as in Matter of Colonial Sur. Co. v Lakeview

Advisors, LLC ([appeal No. 1] ___ AD3d ___ [Feb. 6, 2015]).

Entered: February 6, 2015

Frances E. Cafarell

Clerk of the Court