APPELLATE TERM : 2nd and 11th JUDICIAL DISTRICTS
| MEHRDAD KAHEN & JOSEPH KAHEN, Respondents, against- TYRONE WOUTERSZ, SISISL VIRANTHA KULATUNGA DON JOSEPH KULATUNGA & KS VIDEO STORE, GINA'S HAIR SALON, JOHN DOE , Defendants, -and- ROSEMARY TORIOLA d/b/a CHIKOLY'S AFRICANA s/h/a JANE DOE, Appellant. |
DECISION
On the court's own motion the order of this Court dated October 20, 2004 is amended so as to delete the caption therein and provide a caption which reads as follows: "MEHRDAD KAHEN & JOSEPH KAHEN, Respondents, against TYRONE WOUTERSZ, SISIL VIRANTHA KULATUNGA, DON JOSEPH KULATUNGA & KS VIDEO STORE, Tenants, and GINA'S HAIR SALON, 'JOHN DOE', Undertenants, and ROSEMARY TORIOLA doing business as CHIKOLY'S AFRICANA sued herein as JANE DOE, Appellant."
APPELLATE TERM : 2nd and 11th JUDICIAL DISTRICTS
| LINDEN PLAZA ASSOCIATES, Respondent, -against- WILLIAM EXUM, Appellant. |
Motion by tenant-appellant, in essence, to clarify, reinstate and continue the stay contained in the order of this court dated March 1, 2005, is granted on condition that within 10 days from the date of the order hereon tenant deposit in the court below the amount of $231 representing the balance tenant owes through March 2005, and any and all arrears in rent and/or use and occupancy from April 1, 2005, at the rate of $327 per month representing tenant's share of the monthly rent and upon the further condition that tenant perfects the appeal by July 1, 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 $231 and 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
| S & M SUPPLY INC., a/a/o JAMES FIELDS, COLLETTE LAURENCEAU, GRAHAMY APOTORDIE, Plaintiff-Appellee, -against- STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Defendant-Appellant. |
DECISION
Motion by defendant-appellant seeking, in essence, to vacate dismissal of the appeal is granted on condition that the appeal is perfected by August 5, 2005; otherwise, motion denied.
APPELLATE TERM : 2nd and 11th JUDICIAL DISTRICTS
| PASQUALE E. TEDESCO, Appellant, -against- MORGAN STANLEY DW INC., Respondent. |
DECISION
Motion by defendant-respondent for an enlargement of time in which 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.
Plaintiff, if he be so advised, may serve and file a reply brief within 14 days of the filing of respondent's brief.
APPELLATE TERM : 2nd and 11th JUDICIAL DISTRICTS
| CLARK WILSON, INC., Respondent, -against- BEULAH MITCHELL et al., Appellant. |
DECISION
That branch of the motion by tenant-appellant to reinstate and continue the stay contained in the order of this court dated February 8, 2005, is granted on condition that tenant perfects the appeal by July 1, 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 February 8, 2005.
That branch of the motion to consolidate appeals numbered 2004-1627 and 2005-347 is granted and the appeals are consolidated under appeal 2004-1627.
APPELLATE TERM : 2nd and 11th JUDICIAL DISTRICTS
| A.B. MEDICAL SERVICES PLLC D.A.V. CHIROPRACTIC P.C. LVOV ACUPUNCTURE P.C. SQUARE SYNAGOGUE TRANSPORTATION INC. a/a/o SAHARA ABBOTT, Appellants, -against- UTICA MUTUAL INSURANCE COMPANY, Respondent. |
DECISION
Motion by appellants for leave to submit a reply brief granted, and said brief shall be served and filed by appellants within 14 days of the date of the order hereon.
Respondent, if so advised, may serve and file a sur-reply brief within 14 days of the filing of said reply brief.
APPELLATE TERM : 2nd and 11th JUDICIAL DISTRICTS
| ALL METRO CORP., Respondent, -against- FIT LAUNDROMAT, HASSAN EL-NAHAL "JOHN DOE", "JANE DOE", and "XYZ CORP.", Appellant. |
DECISION
Motion by tenant-appellant to reinstate and continue the stay contained in the order of this court dated September 28, 2004, is granted on condition that tenant perfects the appeal by July 1, 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 September 28, 2004.
APPELLATE TERM : 2nd and 11th JUDICIAL DISTRICTS
| BARBARA FORD, Respondent, -against- GREATER ST. JOHNS COMMUNITY CHURCH, Appellant. |
DECISION
Motion by defendant-appellant seeking, in essence, to vacate dismissal of the appeal is granted on condition that the appeal is perfected by July 1, 2005; otherwise motion denied.
APPELLATE TERM : 2nd and 11th JUDICIAL DISTRICTS
| MEDICAL PLUS P.C. B.Z. CHIROPRACTIC P.C. a/a/o Lana Gutevich, Appellant, -against- ATLANTIC MUTUAL INSURANCE COMPANY, Respondent. |
DECISION
Motion by appellants for an enlargement of time to submit a reply brief granted and said brief shall be served and filed within 10 days of the date of the order hereon.
APPELLATE TERM : 2nd and 11th JUDICIAL DISTRICTS
| OCEAN DIAGNOSTIC IMAGING, P.C. a/a/o Dominique Mixou, Appellant, -against- STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Respondent. |
DECISION
Motion by plaintiff-appellant seeking, in essence, to vacate dismissal of the appeal is granted on condition that the appeal is perfected by July 1, 2005; otherwise motion denied.
APPELLATE TERM : 2nd and 11th JUDICIAL DISTRICTS
| QUEENS FRESH MEADOWS, LLC., Respondent, -against- CATHERINE LINN, Appellant. |
DECISION
Motion by tenant-appellant, in essence, to withdraw her appeal is denied as moot.
The appeal was dismissed on March 16, 2005, rendering the instant motion moot.
APPELLATE TERM : 2nd and 11th JUDICIAL DISTRICTS
| MOHAMMAD TARIQ, Respondent, -against- WILLIAM B. McLAURIN, Appellant. |
DECISION
Motion by plaintiff-respondent to enlarge time to submit respondent's brief granted, and said brief shall be served and filed within 21 days after the date of the order herein. Defendant-appellant, if 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
| CLARK WILSON, INC., Respondent, -against- BEULAH MITCHELL et al., Appellant. |
DECISION
That branch of the motion by tenant-appellant to reinstate and continue the stay contained in the order of this court dated February 8, 2005, is granted on condition that tenant perfects the appeal by July 1, 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 February 8, 2005.
That branch of the motion to consolidate appeals numbered 2004-1627 and 2005-347 is granted and the appeals are consolidated under appeal 2004-1627.