APPELLATE TERM : 2nd and 11th JUDICIAL DISTRICTS
| MAUREEN PEACE, Appellant, -and- SHAWN PEACE JR., an infant under the age of 14 years old by his Mother and Natural Guardian, MAUREEN PEACE, Plaintiff, -against- NORMA SLOCOMBE, Defendant-Respondent. ----------------------------------------------------------------------------------------------------x NORMA SLOCOMBE, Third-Party Plaintiff, -against- REYNOLD PERSUAD and ALFRED A. BAYCHU, Third-Party Defendants. |
DECISION
Motion by defendant and cross motion by third-party defendants for leave to appeal to the Appellate Division denied.
Aronin, J.P., taking no part.
APPELLATE TERM : 9th and 10th JUDICIAL DISTRICTS
| THE PEOPLE OF THE STATE OF NEW YORK, Respondent, -against- DERWOOD GRANT, Appellant. |
DECISION
That branch of the motion by defendant-appellant to compel the court reporter to furnish the transcript of the proceedings is granted, and the court reporter is directed to comply with the order of this court dated April 19, 2004, within 21 days of the date of this order.
That branch of the motion for an enlargement of time to perfect appeal is granted and appeal shall be perfected by May 6, 2005; otherwise appeal dismissed.
APPELLATE TERM: 9th and 10th JUDICIAL DISTRICTS
| BROADWAY PREMIUM FUNDING CORP., Respondent, -against- FLEURCIUS GENERAL WELDING & IRON WORKS INC., Appellant. |
DECISION
Motion by defendant-appellant to vacate dismissal of the appeal is granted on condition that the appeal is perfected by May 6, 2005; otherwise motion denied.
APPELLATE TERM : 9th and 10th JUDICIAL DISTRICTS
| EUGENE IOVINE and JAUN IOVINE, Respondents, -against- SEATRADE AND PROCESSING DEPOT CORP., Appellant. |
DECISION
Motion by tenant-appellant for reargument of this court's order dated December 22, 2004, is denied.
APPELLATE TERM : 9th and 10th JUDICIAL DISTRICTS
| DAVID SACKS and LAURA SACKS, Respondents, -against- SUPERIOR WASTE SERVICES OF NY. INC., Appellant, -and- LI RUBBISH REMOVAL NORTH SUFFOLK CORP., Defendant. |
DECISION
Motion by plaintiffs-respondents to dismiss appeal for failure to prosecute is denied on condition that the appeal is perfected by May 6, 2005; otherwise motion granted and appeal dismissed.
Cross motion by defendant-appellant for an enlargement of time to perfect appeal is granted and appeal shall be perfected by May 6, 2005, otherwise appeal dismissed.
APPELLATE TERM: 9th and 10th JUDICIAL DISTRICTS
| PRECISION BUILT FENCES INC., Respondent, -against- RICK MONTES and ANNE MONTES, Appellants. |
DECISION
Motion by defendants-appellants, in essence, for a stay of trial pending determination of the appeal and other relief is denied.
On the court's own motion, appeal is dismissed.
No appeal lies from an oral decision.
APPELLATE TERM: 9th and 10th JUDICIAL DISTRICTS
| VINCENT MAZZURCO, Respondent, -against- E. J. WISNIEWSKI and CHARLENE WISNIEWSKI, Appellants. |
DECISION
That branch of the motion by tenants-appellants for a stay is granted on condition that within 10 days from the date of the order hereon tenants deposit in the court below the amount of the judgment less $600, 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 tenants perfect the appeal by May 6, 2005; upon failure to comply with either condition, the stay is vacated without further order of this court. Tenants shall continue to pay use and occupancy to landlord as it becomes due. Upon failure of tenants to make a required payment for use and occupancy landlord may move upon 3 days' notice to vacate the stay. Tenants shall file with this court proof of deposit of the judgment and 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.