SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM : 9th and 10th JUDICIAL DISTRICTS

PRESENT : McCABE, P.J., COVELLO and TANENBAUM, JJ.

NO. 2003-243 N C
BENROAL REALTY ASSOCIATES, L.P.,

Respondent,

-against-

MONETTE ALEXANDER LOWE and WAYNE LOWE,
d/b/a REST & ASSOCIATES,

Appellants.

DECISION

On the court's own motion, appeal stricken from the general calendar. Stay continued on condition tenants-appellants continue to pay use and occupancy as same becomes due and properly perfect the appeal by March 4, 2005.

Inasmuch as the minutes are not settled, the appeal has not been properly perfected.





SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM : 9th and 10th JUDICIAL DISTRICTS

PRESENT: McCABE, P.J., COVELLO and TANENBAUM, JJ.

NO. 2003-877 N C
FEDERATION OF ORGANIZATIONS, INC.,

Respondent,


-against-

CRAIG BAUER,

Appellant.

DECISION

Motion by tenant-appellant for reargument or, in the alternative, leave to appeal to the Appellate Division denied.





SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM : 9th and 10th JUDICIAL DISTRICTS

PRESENT: McCABE, P.J., COVELLO and TANENBAUM, JJ.

NO. 2003-1258 S C
BROOKHAVEN ANESTHESIA ASSOCIATES, LLP,

Respondent,


-against-

JAMES E. FLAHERTY,

Appellant.

DECISION

Motion by defendant-appellant seeking, in essence, reargument denied.





SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM : 9th and 10th JUDICIAL DISTRICTS

PRESENT: McCABE, P.J., COVELLO and TANENBAUM, JJ.

NO. 2004-15 OR C
RONALD KLEJMONT,

Appellant,

-against-


DEPROSPO, PETRIZZO, LONGO & BARTLETT,

Respondent.

DECISION

Motion by plaintiff-appellant for an enlargement of time to submit a reply brief granted and said brief shall be served and filed by him within 14 days after the date of the order hereon.





SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM : 2nd and 11th JUDICIAL DISTRICTS

PRESENT : ARONIN, J.P., PATTERSON and RIOS, JJ.

NO. 2004-1487 RI C
CHARLES CLARK GABEL,

Appellant,

-against-

JOHN R. CHADWICK, SR.,
DOGGIES DAY OUT INC.,
"JOHN DOE NOS. 1-3",

Respondents.

DECISION

Motion by landlord-appellant for a stay pending appeal is granted on condition that within 10 days from the date of the order hereon landlord deposit with the court below all use and occupancy paid by tenants since July 1, 2004 and upon the further condition that the appeal is perfected by March 4, 2005, upon failure to comply with any condition, the stay is vacated without further order of this court. Landlord shall file with this court proof of deposit of the use and occupancy within one business day after such deposit.



SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM : 2nd and 11th JUDICIAL DISTRICTS

PRESENT : PESCE, P.J., PATTERSON and RIOS, JJ.

NO.2004-1661 RI C
ARDEN SHELL CORP. and
MOTIVA ENTERPRISES, LLC,

Respondents,

-and-

NAD1, INC. and "JOHN DOE" and "JANE DOE"

Appellants.

DECISION

Motion by tenant-appellant for a stay of trial is denied.