APPELLATE TERM: 2nd and 11th JUDICIAL DISTRICTS
| A.B. MEDICAL SERVICES PLLC D.A.V. CHIROPRACTIC P.C. DANIEL KIM'S ACUPUNCTURE, P.C. SQUARE SYNAGOGUE TRANSPORTATION, INC. a/a/o REMA ADAMS, Appellants, -against- LIBERTY MUTUAL INSURANCE COMPANY, Respondent. |
DECISION
Motion by plaintiffs-appellants for enlargement of time to submit a reply brief granted, and said brief shall be served and filed by them within 14 days of the date of the order hereon.
APPELLATE TERM: 2nd and 11th JUDICIAL DISTRICTS
| A.B. MEDICAL SERVICES PLLC D.A.V. CHIROPRACTIC P.C. DANIEL KIM'S ACUPUNCTURE, P.C. a/a/o PAULETTE FORD, PAMELA BORDEN LATOYA JONES, Appellants, -against- AMERICAN TRANSIT INSURANCE COMPANY, Respondent. |
DECISION
Motion by plaintiffs-appellants for enlargement of time to submit a reply brief granted, and said brief shall be served and filed by them within 14 days of the date of the order hereon.
APPELLATE TERM: 2nd and 11th JUDICIAL DISTRICTS
| AMAZE MEDICAL SUPPLY INC. a/a/o BHAWANI BHEER, Appellant, -against- LUMBERMENS MUTUAL CASUALTY COMPANY, Respondent. |
DECISION
Motion by plaintiff-appellant 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
| PAMELA DRAUCH, Respondent, -against- GARDEN CITY DERMATOLOGY P.C., Appellant. |
DECISION
Motion by plaintiff-respondent to dismiss the appeal is granted.
APPELLATE TERM: 2nd and 11th JUDICIAL DISTRICTS
| 225 EASTERN PARKWAY ASSOCIATES L.P. , Appellant, -against- OLGA SEZNEVA and MARCO WILLIAMS, Respondents. |
DECISION
On the court's own motion, motion by landlord-appellant to direct tenants-respondents to pay use and occupancy and motion by tenants-respondents for leave to file late opposition to landlord-appellant's motion are consolidated for disposition.
Motion by landlord-appellant denied.
Motion by tenants-respondents granted and opposition papers deemed timely served and filed.
Contrary to landlord-appellant's claim, landlord-appellant is permitted to accept use and occupancy payments while its appeal is pending without vitiating its appeal (RPAPL 711 [1]; 17th Holding v Rivera, NYLJ, Aug. 15, 2002 [App Term, 2nd & 11th Jud Dists]; cf. Preisner v Aetna Cas. & Sur. Co., 203 Conn 407, 414; 535 A2d 83, 88 [whether a judgment is considered final "depends upon the nature of the issue that is to be addressed"]).
APPELLATE TERM: 9th and 10th JUDICIAL DISTRICTS
| THE PEOPLE OF THE STATE OF NEW YORK, Respondent, -against- NEVILLE ANTHONY, Appellant. |
DECISION
Motion by defendant-appellant for leave to appeal is granted, and certificate shall issue.
APPELLATE TERM : 9th and 10th JUDICIAL DISTRICTS
| MARTA VELASQUEZ, Respondent, -against- JUNE LANE, Appellant. |
DECISION
That branch of the motion by tenant-appellant for a stay pending appeal is granted on condition that within 10 days from the date of the order hereon tenant deposit with the court below any and all arrears in rent and/or use and occupancy at the rate of $330 from February 1, 2004, 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 April 1, 2005; upon failure to comply with any condition, the stay is vacated without further order of this court. Tenant 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 granted.