APPELLATE TERM : 9th and 10th JUDICIAL DISTRICTS
| C.F.C. COMMERCIAL FLOORING CONTRACTORS, INC., Plaintiff-Respondent, -against- GEORGE SACHS and BARBARA SACHS, Defendants/Third-Party Plaintiffs-Appellants, EURO MARBLE CENTER, INC., Third-Party-Defendant-Respondent. |
DECISION
Motion by appellants seeking, in essence, to vacate dismissal of the appeal is granted on condition that the appeal is perfected by April 1, 2005; otherwise motion denied.
APPELLATE TERM : 9th and 10th JUDICIAL DISTRICTS
| AVALONBAY COMMUNITIES, INC., Respondent, -against- EUPHEMIA MARTIN and ABEL MARTIN, Appellants. |
DECISION
On this court's own motion, the order of this court dated December 28, 2004, is recalled and vacated and the following substituted therefor:
Motion by tenants-appellants for a stay pending appeal is granted on condition that within 10 days from the date of the order hereon tenants deposit with the court below any and all arrears in rent and/or use and occupancy from September 1, 2004, at the rate previously payable as rent, and continue to deposit into court use and occupancy at a like rate as the same becomes due 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. Tenants shall file with this court proof of deposit of any and all arrears in rent and/or use and occupancy within one business day after such deposit.
That branch of the motion for poor person relief is also granted.