APPELLATE TERM : 2nd and 11th JUDICIAL DISTRICTS
| ST. MARKS REALTY LLC., Respondent, -against- TROY P. O'DEND'HAL, Appellant. |
DECISION
Motion by tenant-appellant for reargument or, in the alternative, leave to appeal to the Appellate Division denied.
Aronin, J.P., taking no part.
APPELLATE TERM : 2nd and 11th JUDICIAL DISTRICTS
| SVETLANA DERGOUSOVA and INNA DOUBROVINA, Respondents, -against- CHARLES McDERMOTT, Appellant. |
DECISION
That branch of the motion by tenant-appellant for an enlargement of time to perfect appeal is granted and appeal shall be perfected by June 3, 2005; otherwise appeal is dismissed.
That branch of the motion for poor person relief and assignment of counsel is granted to the extent of granting appellant poor person relief.
APPELLATE TERM : 2nd and 11th JUDICIAL DISTRICTS
| DOREEN BOONE, Appellant, -against- NEW YORK CITY TRANSIT AUTHORITY and MARK STALLBOHM, Respondents. |
DECISION
Motion by plaintiff-appellant for an extension of time for curing omission pursuant to CPLR 5520(a) is granted on condition that appellant cures the omission by filing a notice of appeal with the court below within 30 days from the order hereon.
APPELLATE TERM : 2nd and 11th JUDICIAL DISTRICTS
| WALTER R. SCHWARSIN d/b/a W and J REALTY, Respondent, -against- INNA TISHCHENKO and VIKTOR TISHCHENKO, Appellants. |
DECISION
Motion by plaintiff-respondent to dismiss appeal for failure to prosecute is granted.
APPELLATE TERM : 2nd and 11th JUDICIAL DISTRICTS
| GARY MADISON, Respondent, -against- CONTINENTAL AUTO CARE INC., Appellant. |
DECISION
Motion by defendant-appellant, to stay enforcement of money judgment pending determination of the appeal is granted on condition that appellant perfects the appeal by May 6, 2005; otherwise stay is vacated without further order of this court.
APPELLATE TERM : 2nd and 11th JUDICIAL DISTRICTS
| JOSEPH AND JUDITH BERMAN, Respondents, -against- KAREN BRANDWEIN, Appellant. |
DECISION
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 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 June 3, 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.
APPELLATE TERM : 2nd and 11th JUDICIAL DISTRICTS
| AMERICAN CREW CLEANING INC., Respondent, -against- QUEENS CENTER DENTAL PROFESSIONAL GROUP, Appellant. |
DECISION
Motion by plaintiff-respondent to dismiss appeal for failure to prosecute is granted.
APPELLATE TERM : 2nd and 11th JUDICIAL DISTRICTS
| AMERICAN CREW CLEANING INC., Respondent, -against- KINGS PLAZA DENTAL PC, Appellant. |
DECISION
Motion by plaintiff-respondent to dismiss appeal for failure to prosecute is granted.
APPELLATE TERM : 2nd and 11th JUDICIAL DISTRICTS
| FREEMAN STREET PROPERTIES, L.L.C., Respondent, -against- JOHN THELIAN, Appellant, -and- GLEN GOLLRAD, Tenant, -and- "JOHN DOE" and "JANE DOE", Undertenants. |
DECISION
That branch of the motion by landlord-respondent seeking leave to appeal to the Appellate Division granted.
That branch of the motion by landlord-respondent seeking a stay denied.
Aronin, J.P., taking no part.
APPELLATE TERM : 2nd and 11th JUDICIAL DISTRICTS
| WINTHROP REALTY LLC, Respondent, -against- SANDRA MALONEY, Appellant, -and- TYRON HOLDER, Undertenant. |
DECISION
Motion by landlord-respondent for reargument or in the alternative leave to appeal to the Appellate Division denied.
APPELLATE TERM: 2nd and 11th JUDICIAL DISTRICTS
| AYODEJI BABALOLA, Appellant, -against- THE CITY OF NEW YORK and DETECTIVE WILLIAM WALLACE, Respondents. |
DECISION
Motion by plaintiff-appellant for reargument or, in the alternative, leave to appeal to the Appellate Division dismissed.
Movant has indicated that she wishes to withdraw her motion.
Aronin, J., taking no part.
APPELLATE TERM : 2nd and 11th JUDICIAL DISTRICTS
| 479 PROSPECT PLACE REALTY CORP., Respondent, -against- ROSALIE McLAUGHLIN, Appellant. |
DECISION
On the court's own motion, tenant-appellant's motion returnable January 21, 2005 and landlord-respondent's motion returnable February 14, 2005 are hereby consolidated for purposes of disposition.
Motion by tenant-appellant to continue the stay contained in the order of August 9, 2004 and subsequently extended by the order dated December 3, 2004, is granted on condition that tenant perfects the appeal by June 3, 2005; otherwise stay is vacated without further order of this court. Tenant shall continue to comply with all the other conditions contained in the prior orders of this court.
Motion by landlord-respondent to vacate the stay is denied.
APPELLATE TERM : 2nd and 11th JUDICIAL DISTRICTS
| STEWART R. FINK, P.C., Appellant, -against- NORMAN WEISS and JANET WEISS, Respondents. |
DECISION
Motion by defendants for an enlargement of time to submit a respondent's brief granted and said brief shall be served and filed within 21 days from the date of the order hereon. Plaintiff, if he be so advised, may serve and file a reply brief within 14 days of the date of the filing of the respondent's brief.
APPELLATE TERM: 2nd and 11th JUDICIAL DISTRICTS
| S & M SUPPLY INC., a/a/o PETER JESSIMY, TATYANA BORUKHOVA and OLEG BORUKHOV, Appellant, -against- TRAVELERS PROPERTY CASUALTY CORPORATION, Respondent. |
DECISION
Motion of defendant-respondent to dismiss the appeal granted.
Insofar as the appeal purports to obtain review of the order of February 27, 2003 (R. Garson, J.), plaintiff never filed a notice of appeal from said order, and the time to appeal therefrom having expired (CPLR 5513 [a]), the appeal therefrom is not properly before the Court. Insofar as plaintiff purports to appeal from the order of March 12, 2004, the appeal must be dismissed inasmuch as "[n]o appeal lies from an order made upon the default of the appealing party" (Matter of Smith v Richards, 286 AD2d 393 [2001]; see also Eller v Eller, 116 AD2d 617, 618 [1986]).
APPELLATE TERM : 2nd and 11th JUDICIAL DISTRICTS
| FLAVIA HERNANDEZ, Appellant, -against- THE CITY OF NEW YORK, Respondent. |
DECISION
Defendant-respondent's motion to dismiss the appeal for failure to file the notice of appeal within the time prescribed pursuant to CPLR 5513(a) granted.
APPELLATE TERM : 2nd and 11th JUDICIAL DISTRICTS
| WASHINGTON ACUPUNCTURE, PC A/A/O ILDEFONSO CRUZ, Respondent, -against- PROGRESSIVE CASUALTY INS. CO., Appellant. |
DECISION
On the court's own motion, the order dated February 16, 2005, dismissing the appeal is vacated and the appeal restored and deemed perfected.
On the court's own motion, time for plaintiff-respondent to submit a respondent's brief, if so advised, is enlarged and the brief, if any, shall be filed and served within 21 days of the order hereon. Defendant-appellant, if so advised, may serve and file a reply brief within 14 days of the filing of a respondent's brief.