APPELLATE TERM : 9th and 10th JUDICIAL DISTRICTS
| CARMENZA CARDOZO, Appellant, -against- KEVIN DEIRLEIN & JOAN DEIRLEIN, Respondents. |
DECISION
Motion by plaintiff-appellant to restore appeal to the general calendar granted on condition that appeal be perfected by June 3, 2005; otherwise, motion denied.
APPELLATE TERM : 9th and 10th JUDICIAL DISTRICTS
| U.S. BANK NATIONAL ASSOCIATION, et al., Respondents, -against- GEARLENE HEMINGWAY, Appellant. |
DECISION
Motion by occupant-appellant for an order of contempt and other relief denied without prejudice to renewal in a proper forum.
Inasmuch as appellant does not show that any order of this court was violated, her motion to punish for contempt and for other relief cannot be brought in this court.
APPELLATE TERM : 9th and 10th JUDICIAL DISTRICTS
| GREATER CENTENNIAL HOMES HOUSING DEVELOPMENT FUND CO., INC., Respondent, -against MICHELLE RICHARDSON, Appellant. |
Decision
Motion by tenant-appellant to reinstate and continue the stay contained in the order of this court dated August 17, 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 order of this court dated August 17, 2004.
APPELLATE TERM : 9th and 10th JUDICIAL DISTRICTS
| DR. STEVEN STRUHL, MD as assignee of Christopher Dent, Respondent, -against- PROGRESSIVE CASUALTY INSURANCE COMPANY, Appellant. |
DECISION
Motion by respondent for an extension of time to submit a respondent's brief granted, and said brief shall be served and filed within 21 days of the date of the order hereon. Appellant, if so advised, may serve and file a reply brief within 14 days of the filing of the respondent's brief.
APPELLATE TERM: 9th and 10th JUDICIAL DISTRICTS
| TOBE ZOTTOLA, as Agent for KEVIN LUBIC, Respondent, -against- ELIZABETH MECCA, Appellant. |
DECISION
Motion by tenant-appellant for a stay pending determination of the appeal is granted on condition that the appeal is perfected by June 3, 2005; otherwise stay vacated. Tenant is directed to pay to landlord any and all arrears in rent and/or use and occupancy from February 1, 2005, at the rate of $750 per month within 10 days from the date of this order and to continue to pay landlord use and occupancy at a like rate as it becomes due. Upon failure of tenant to make a required payment, landlord may move upon 3 days' notice to vacate the stay.
APPELLATE TERM : 9th and 10th JUDICIAL DISTRICTS
| WILLIE FEASTER, Appellant, -against- GREEN BAY HOME IMPROVEMENT, Respondent. |
DECISION
Motion by plaintiff-appellant for poor person relief and assignment of counsel is denied.
Small Claims actions are intended to be "simple, informal and inexpensive procedure[s]" so as to allow pro se litigants to easily and inexpensively prosecute their claims (UDCA 1802).
APPELLATE TERM : 9th and 10th JUDICIAL DISTRICTS
| DOM-LOU REALTY, INC., Respondent, -against- PATRICK TARTAGLIONE, D/B/A YONKERS TRANSMISSION and JOHN/JANE DOE(s), Appellant. |
DECISION
Motion by tenant-appellant for a stay pending appeal is denied.