APPELLATE TERM : 2nd and 11th JUDICIAL DISTRICTS
| ALINA GRINBERG, Appellant, -against- YAKOV RAUFOV, ANNA LOSHINSKAYA ONETTA MURRAY and WILLIE MURRAY, Respondents. |
DECISION
Motion by plaintiff-appellant for leave to appeal to the Appellate Division denied.
APPELLATE TERM: 2nd and 11th JUDICIAL DISTRICTS
| JUVONDI R. PENDER, Appellant, -against- LIBERTY AUTO COLLISION INC. and EZRA ROBINSON, Respondents. |
Decision
That branch of the motion by plaintiff-appellant seeking leave to appeal to the Appellate Division is denied.
That branch of the motion seeking reargument of a prior order of this court dated October 27, 2004 is granted and upon reargument, the order dated October 27, 2004 is recalled and the following substituted therefor:
"Motion by plaintiff-appellant for poor person relief and assignment of counsel is denied.
On the court's own motion, appeal from denial of order to show cause dated August 10, 2004 is dismissed.
The denial of order to show cause did not decide a motion made upon notice and is therefore unappealable as of right (CCA 1702 [a] [2]).
We parenthetically note that the pro se plaintiff appears to have filed two notices of appeal and that her appeal from the judgment in defendant's favor and an order entered on July 6, 2001 remain pending."
Aronin, J., taking no part.
APPELLATE TERM : 9th and 10th JUDICIAL DISTRICTS
| HUDSON VALLEY FEDERAL CREDIT UNION, Respondent, -against- FREDERICK L. LEE, Appellant. |
DECISION
On the court's own motion, appeal is dismissed.
Appellant has failed to submit an appealable order.
APPELLATE TERM : 2nd and 11th JUDICIAL DISTRICTS
| MARIUS CALIXTE, Respondent, -against- MICHELLE LAWRENCE, WAYNE EVANS, CAROLYN LITTLE, VARDEN L. EDMUNDSON, Defendants, -and- WALFREDO PACUMIO, Appellant. |
DECISION
Motion by defendant-appellant to stay trial pending determination of the appeal is granted on condition that appellant perfects the appeal by June 3, 2005; otherwise stay is vacated without further order of this court.
APPELLATE TERM : 9th and 10th JUDICIAL DISTRICTS
| NILOOFAR PELLARIN and ANTHONY PELLARIN, Respondents, -against- MOON BAY DEVELOPMENT CORP., JOHN CHIARELLI, FREDERICK P. STERN & ASSOCIATES, P.C., FREDERICK P. STERN, ESQ., and PATRICIA A. STERN, ESQ., Appellants. |
DECISION
Motion by plaintiffs-respondents is granted to the extent of dismissing appeal for lack of jurisdiction (see 22 NYCRR section 730.1 [d]) and is otherwise denied.
APPELLATE TERM : 9th and 10th JUDICIAL DISTRICTS
| ALEX HELFAND, Respondent, -against- FRONTIER FENCE, NICOLE AUFFARTH and ELANA ROCHE, Appellants. |
DECISION
On the court's own motion, appeal is dismissed.
Absent any indication in the record that the appeal from the default judgment seeks to bring up for review any contested matter, the appeal is dismissed since no appeal lies by a defaulting party from a default judgment.
Appellants, if so advised, may move to vacate the default in the court below, and if necessary, take an appeal from an order resulting in an adverse determination.