Cattaraugus County Bank v. Raines et al

Filing 43

-CLERK TO FOLLOW UP-ORDER re 9 MOTION To Confirm Order of Attachment or Remand to State Court filed by Cattaraugus County Bank. SO ORDERED. Signed by Hon. Lawrence J. Vilardo on July 14, 2016. (APG)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NEW YORK

CATTARAUGUS COUNTY BANK
ORDER
v.
11-CV-00611-LJV
WILLIAM L. RAINES, and
MARLENE P. RAINES

WHEREAS, plaintiff Cattaraugus County Bank commenced an action and obtained an ex
parte Order of Attachment in New York State Supreme Court for the County of Chautauqua
relative to the proceeds of sale from real property owned by defendant Marlene Raines, and
WHEREAS, the proceeds of sale in the amount of $152,586.75 have been and continue
to be held in escrow by Peter Clark, Esq., and
WHEREAS, defendants removed the action to this Court on July 19, 2011 based on
diversity of citizenship (Docket No. 1), and
WHEREAS, plaintiff filed a motion to confirm the Order of Attachment pursuant to
CPLR 6211 or, in the alternative, remand this matter to state court on July 28, 2011 (Docket No.
9), defendants filed opposing papers (Docket No. 17), plaintiff filed reply papers in further
support (Docket No. 21), and oral argument was held thereon (Docket No. 30),
NOW, IT HEREBY IS
ORDERED, that plaintiff’s motions to confirm the Order of Attachment or, in the
alternative, to remand this matter to state court are both DENIED, and it is further

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ORDERED, that the ex parte Order of Attachment is vacated, and it is further
ORDERED, that Peter Clark, Esq. is directed to release the funds of Marlene Raines
held in escrow via check payable to “Andrew Goodell, as attorney for Cattaraugus County Bank”
in the amount of $152,586.75 and it is further
ORDERED, that Peter Clark, Esq. is released from all responsibility and/or liability
related to the ex parte Order of Attachment and/or funds of defendant Marlene Raines held in his
possession as escrow agent.
SO ORDERED.

July 14, 2016
s/ Lawrence J. Vilardo
LAWRENCE J. VILARDO
United States District Court
Western District of New York

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