APPELLATE TERM : 9th and 10th JUDICIAL DISTRICTS
| DOMINICK MOTTA, Respondent, -against- DENISE MENENDEZ, Appellant. |
DECISION
Motion by defendant-appellant to continue stay and other relief is denied without prejudice to renewal upon proper notice.
Movant served the motion after the date designated by this court.
APPELLATE TERM : 9th and 10th JUDICIAL DISTRICTS
| KENNETH C. WIEBKE, Respondent, -against- F.C. GERLACH & CO. INC. Appellant, -and- BOB SOMERVILLE, V.P., Defendant. |
DECISION
That branch of the motion by defendant-appellant F.C. Gerlach & Co. Inc. to vacate dismissal of the appeal is granted on condition that the appeal is perfected by May 6, 2005; otherwise, motion denied.
That branch of the motion by defendant Bob Somerville, V.P., to vacate dismissal of appeal is dismissed.
Defendant Bob Somerville, V.P. did not file a notice of appeal.
APPELLATE TERM: 9th and 10th JUDICIAL DISTRICTS
| JOSE RIVERA, Respondent, -against- JUAN MOLINA, Appellant. |
DECISION
Motion by plaintiff-respondent to dismiss the appeal is denied.
APPELLATE TERM : 9th and 10th JUDICIAL DISTRICTS
| 225 HOLDING CO., LLC, Respondent, -against- MARY E. BEAL, Appellant. |
DECISION
On the court's own motion, motion by tenant-appellant returnable January 28, 2005 and motion returnable February 9, 2005 are hereby consolidated for purposes of disposition.
Those branches of the motion by tenant-appellant for a stay and incidental relief are granted on condition that within 10 days from the date of the order hereon tenant deposit in the court below any and all arrears in rent and/or use and occupancy, at the rate previously payable as her share of the rent, and upon the further condition that tenant perfects the appeal by May 6, 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 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.
APPELLATE TERM: 9th and 10th JUDICIAL DISTRICTS
| COMMISSIONER OF TRANSPORTATION, AS AGENT OF THE PEOPLE OF THE STATE OF THE STATE OF NEW YORK, Respondent, -against- FCIC CONSTRUCTION COMPANY, (II) LTD. and GRACE INDUSTRIES, INC., Tenants, -and- MAJOR OF THE FIVE TOWNS, INC. d/b/a FIVE TOWNS NISSAN AND FIVE TOWNS KIA, Appellant, -and- J.K. NURSERY, INC. d/b/a BAY BLVD NURSERY and JOHN GRAHAM, INDIVIDUALLY, and any and all other persons occupying the premises described shown on the attached "Boundary Survey of Area of Squatting and Intrusion" and being part of Map No. 295, Parcel No. 297, Map No. 296R-1, Parcel No. 298, Map No. 297, Parcel No. 299, Map No. 638, Parcel No. 729For the Nassau Expressway, Inwood, Town of Hempstead, County of Nassau, State of New York, Tenants. |
DECISION
Motion by tenant-appellant for a stay is denied.