APPELLATE TERM : 9th and 10th JUDICIAL DISTRICTS
| FREDERIC H. AARON, Respondent, -against- THOMAS R. PRUDENTE, Appellant. |
DECISION
Motion by plaintiff-respondent to dismiss appeal for failure to prosecute is granted.
APPELLATE TERM : 9th and 10th JUDICIAL DISTRICTS
| SCENIC DEVELOPMENT, LLC, Respondent, -against- HASTY HILLS STABLE, INC., JAMES BARNARD, Appellants, -and- FRANCIS DAILY, AGNES DAILY, SHERIFF OR ROCKLAND COUNTY, and John Doe and Mary Doe being fictitious and unknown to petitioner persons intended being in possession of the premises herein described, Respondents. |
DECISION
Motion by landlord-respondent to dismiss the appeal for failure to prosecute is granted.
APPELLATE TERM: 9th and 10th JUDICIAL DISTRICTS
| LEWIS J. SIMS, as Executor of the Estate of SAMUEL SEIGEL, Respondent, -against- GERALDINE ARNOLD, Appellant. |
DECISION
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).
APPELLATE TERM : 9th and 10th JUDICIAL DISTRICTS
| ROBERT GOTTSCHALL, Appellant, -against- YONKERS CHAMBER OF COMMERCE, ANGELO MARTINELLI, and KEVIN CACACE, Respondents. |
DECISION
Motion by the plaintiff-appellant for a stay is denied without prejudice to renewal upon proper notice.
Absent is an affidavit of service.
APPELLATE TERM : 9th and 10th JUDICIAL DISTRICTS
| SEHAR BHAM, Respondent, -against- DEREK WILSON and PATRICIA WILSON, Appellants. |
DECISION
That branch of the motion by tenants-appellants for a stay pending appeal is granted on condition that within 10 days from the date of the order hereon tenant deposit with the court below any and all arrears in rent and/or use and occupancy at the rate previously payable as rent, and continue to deposit into court use and occupancy at a like rate as the same becomes due and upon the further condition that the appeal is perfected by July 2, 2004; upon failure to comply with any condition, the stay is vacated without further order of this court. Tenants 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 denied without prejudice to renewal upon furnishing this court with proper papers.
Tenants have failed to furnish this court with all the financial information necessary to determine whether they are indigent.
APPELLATE TERM: 9th and 10th JUDICIAL DISTRICTS
| FRANCES BARDIO, Respondent, -against- B. REITMAN BLACKTOP, INC., Appellant. |
DECISION
Motion by plaintiff-respondent to dismiss appeal for failure to prosecute is granted.
APPELLATE TERM: 9th and 10th JUDICIAL DISTRICTS
| JUANITA HENDRICKSON, Respondent, -against- LOLO HARRAJ, Appellant. |
DECISION
Motion by plaintiff-respondent to dismiss appeal for failure to prosecute is granted.