COLONIAL SURETY COMPANY v. LAKEVIEW ADVISORS, LLC

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