APPELLATE TERM : 2nd and 11th JUDICIAL DISTRICTS
| DIAGNOSTIC REHAB MEDICINE SERV., P.C. Assignee of IRIS MAZARIEGOS, Appellant, -against- TRAVELERS INDEMNITY COMPANY, Respondent. |
DECISION
Motion by defendant-respondent for leave to appeal to the Appellate Division is denied.
Aronin, J., taking no part.
APPELLATE TERM : 9th and 10th JUDICIAL DISTRICT
| 199 APARTMENTS ASSOCIATES, J.V., Appellant, -against- ARTHUR STAFFORD, Respondent. |
DECISION
Motion by tenant-respondent to enlarge time to file a respondent's brief is granted, and said brief shall be served and filed within 21 days from the date of the order hereon.
Appellant, if it be so advised, may serve and file a reply brief within 14 days after the filing of the respondent's brief.
APPELLATE TERM : 2nd and 11th JUDICIAL DISTRICTS
| WILLARD J. PRICE ASSOC. LLC, Respondent, -against- LOUIS PRINCE, Appellant. |
DECISION
Motion by landlord-respondent to vacate the stay previously granted by this court in an order entered September 28, 2004 held in abeyance and matter remitted to the Civil Court, Kings County for a hearing, to be held within 30 days of the date of the order entered hereon, to determine whether tenant-appellant is an adult incapable of adequately defending his rights (CPLR 1201) and, if so, for the appointment of a guardian ad litem pursuant to CPLR 1202. The court shall cause its order and decision to be filed with the clerk of this court with all deliberate speed.
On the court's own motion, appeal by tenant-appellant held in abeyance pending the filing by the lower court with the clerk of this court of its order and decision following said hearing.
APPELLATE TERM: 9th and 10th JUDICIAL DISTRICTS
| UNION REALTY CORP., Respondent, -against- T & A's INC., Appellant. |
DECISION
Motion by tenant-appellant for a stay of trial and ancillary relief is denied in its entirety.
APPELLATE TERM : 2nd and 11th JUDICIAL DISTRICTS
| CENTER FOR BEHAVIORAL HEALTH SERVICES, Respondent, -against- MICHAEL BOCK, Appellant. --------------------------------------------------------------------------------x ATLANTIC ESTATES, LLC, Landlord, -against- CENTER FOR BEHAVIORAL HEALTH SERVICES, Tenant, -and- MICHAEL BOCK, Undertenant. |
DECISION
Motion by undertenant-appellant for a stay pursuant to RPAPL § 753 (1) or in the alternative vacating the stipulation of settlement and the judgment of possession is denied.
On the court's own motion, the appeal is dismissed, since no appeal lies from the denial of an application to sign an order to show cause (Gache v Town/Village of Harrison, 251 AD2d 624 [1998]; People ex rel. Aguilar v Kelly, 143 AD2d 535 [1988]; 10 Carmody-Wait 2d, NY Prac § 70:8, at 238; cf. CPLR 5704).
We note that by a stipulation agreement dated March 1, 2005, the parties agreed, inter alia, to allow appellant to remain in occupancy through August 23, 2005, thus providing appellant with the relief he requested and rendering the instant motion academic.
APPELLATE TERM : 2nd and 11th JUDICIAL DISTRICTS
| HENRY OLISA, Respondent, -against- DAISY DELACRUZ, Appellant. |
DECISION
Motion by tenant-appellant for a stay pending appeal is denied.
APPELLATE TERM : 2nd and 11th JUDICIAL DISTRICTS
| MO CHUN LIN and CHUN HSIANG LIN, Respondents, -against- YANG TAO, Appellant, -and- XI LONG LIU, Tenant. |
DECISION
Motion by tenant-appellant for a stay pending appeal is granted on condition that the appeal is perfected by June 3, 2005; otherwise stay vacated. Tenant is directed to pay to landlord the amount of the $10,700 together with any and all arrears in rent and/or use and occupancy at the rate of $2,500 a month from February 1, 2005, 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.