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MATTER OF KAVANAUGH v. CONSUMERS BEVERAGES, INC.

193 CA 23-00451.

2024 NY Slip Op 01433

IN THE MATTER OF MATTHEW KAVANAUGH, JAMES KAVANAUGH AND HELEN KAVANAUGH, FOR THE JUDICIAL DISSOLUTION OF CONSUMERS BEVERAGES, INC. PURSUANT TO BCL § 1104-A, Petitioners-Appellants, v. CONSUMERS BEVERAGES, INC., ET AL., Respondents, CORNELIUS KAVANAUGH, ALSO KNOWN AS NEIL KAVANAUGH, Respondent-Respondent, AND MARY ELLEN KAVANAUGH, Respondent-Appellant. (Appeal No. 1.)

Appellate Division of the Supreme Court of New York, Fourth Department.

Decided March 15, 2024.

Attorney(s) appearing for the Case

GROSS SHUMAN P.C., BUFFALO ( KEVIN R. LELONEK OF COUNSEL), FOR PETITIONERS-APPELLANTS.

GARVEY & GARVEY, BUFFALO ( DENNIS J. GARVEY OF COUNSEL), FOR RESPONDENT-APPELLANT.

CONNORS LLP, BUFFALO ( VINCENT E. DOYLE, III , OF COUNSEL), FOR RESPONDENT-RESPONDENT.

BARCLAY DAMON, LLP, BUFFALO ( JAMES P. MILBRAND OF COUNSEL), FOR RESPONDENT CONSUMERS BEVERAGES, INC.

PRESENT: SMITH, J.P., CURRAN, OGDEN, AND GREENWOOD, JJ.

Appeals from an order of the Supreme Court, Erie County (Timothy J. Walker, A.J.), entered February 21, 2023. The order granted the motion of respondent Cornelius Kavanaugh, also known as Neil Kavanaugh, to dismiss the petition and cross-petitions.

It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs for reasons stated at...

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