APPELLATE TERM : 9th and 10th JUDICIAL DISTRICTS
| THE PEOPLE OF THE STATE OF NEW YORK, Respondent, -against- RODNEY ELEAZER, Appellant. |
DECISION
Motion by assigned counsel, Robert C. Mitchell, Esq., Legal Aid Society of Suffolk County to be relieved of representing defendant-appellant on the appeal is granted and other counsel assigned pursuant to article 18-B of the County Law.
On the court's own motion, an enlargement of time to perfect appeal is granted and appeal shall be perfected by April 1, 2005; otherwise appeal dismissed.
APPELLATE TERM: 2nd and 11th JUDICIAL DISTRICTS
| CLARK WILSON INC., Respondent, -against- BEULAH MITCHELL, et al., Appellant. |
DECISION
On the court's own motion, tenant-appellant's motions returnable December 3, 2004 and December 15, 2004 are hereby consolidated for purposes of disposition.
Motion by tenant-appellant for a stay is granted on condition that within 10 days from the date of the order hereon tenant deposit in the court below $2,104.36 together with any and all arrears in rent and/or use and occupancy, at the rate previously payable as rent, and upon the further condition that tenant perfect the appeal by April 1, 2005; upon failure to comply with either condition, the stay is vacated without further order of this court. Tenant shall continue to pay use and occupancy to landlord as it becomes due. Upon failure of tenant to make a required payment for use and occupancy landlord may move upon 3 days' notice to vacate the stay. Tenant shall file with this court proof of deposit any and all arrears in rent and/or use and occupancy within one business day after such deposit.