APPELLATE TERM : 2nd and 11th JUDICIAL DISTRICTS
| CARL ERIK RASMUSSEN, Appellant, -against- AA FRONTIER d/b/a RE/MAX FRONTIER, Respondent. |
DECISION
Motion by plaintiff-appellant for reargument or, in the alternative, leave to the Appellate Division denied.
APPELLATE TERM : 2nd and 11th JUDICIAL DISTRICTS
| HEMPSTEAD PLAZA-MADISON, Respondent, -against- JACQUELINE BROWN, Appellant. |
DECISION
Motion by tenant-appellant for a stay is denied without prejudice to renewal upon proper notice.
Absent is an affidavit of service showing service of the motion papers. Moreover, upon renewal movant shall set forth good cause for her apparent failure to comply with the deposit requirement contained in the Order to Show Cause dated April 14, 2005.
APPELLATE TERM : 9th and 10th JUDICIAL DISTRICTS
| THE PEOPLE OF THE STATE OF NEW YORK, Respondent, -against- BELLA J. ZALAMEA, Appellant. |
DECISION
Motion by defendant-appellant for a stay of sentence is transferred, as a matter of discretion, to the Supreme Court of Nassau County for disposition.
APPELLATE TERM : 2nd and 11th JUDICIAL DISTRICTS
| INOCENCIO A. SOTO, Appellant, -against- PUBLIC ADMINISTRATOR OF QUEENS COUNTY, as ADMINISTRATOR OF THE ESTATE OF CRISTOBAL PEREZ a/k/a CRISTOBAL PEREZ JR. DECEASED, Respondent, -and- JUSTIN LEVINE, Defendant. |
DECISION
Motion by plaintiff-appellant for reargument or, in the alternative, leave to appeal to the Appellate Division denied.
APPELLATE TERM : 2nd and 11th JUDICIAL DISTRICTS
| BAYWOOD, INC., Respondent, -against- CELLULAR WAREHOUSE, INC., Appellant. |
DECISION
Motion by tenant-appellant for an enlargement of time to perfect appeal is granted and appeal shall be perfected by August 5, 2005; otherwise appeal dismissed.
No further motions for an extension of time to perfect the appeal shall be entertained by this court.
APPELLATE TERM : 2nd and 11th JUDICIAL DISTRICTS
| HPS HOLDING CO., LLC A.N.Y. LIMITED LIABILITY COMPANY, Appellant, -against- AL & ASSOCIATES, LLC OASIS LOUNGE, SSH REALTY INC., Respondents. |
DECISION
Motion by landlord-appellant 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
| ROBERT MATTHEWS and JANE MATTHEWS, Appellants, -against- DINA BARTOLONI, Respondent. |
DECISION
On the court's own motion, appeal is stayed and removed from the General Calendar and the Appeals Calendar pending substitution of personal representatives for Robert Matthews and Jane Matthews in view of their deaths (CPLR 1015, 1021). Letters appointing personal representatives for Robert Matthews and Jane Matthews shall be filed in this court by September 2, 2005.
APPELLATE TERM : 2nd and 11th JUDICIAL DISTRICTS
| BFN REALTY ASSOCIATES, Respondent, -against- NESTOR CORA, Appellant. |
DECISION
Motion by landlord-respondent to modify order of this court dated October 22, 2004 and for other relief denied.
APPELLATE TERM: 9th and 10th JUDICIAL DISTRICTS
| THE PEOPLE OF THE STATE OF NEW YORK, Respondent, -against- BARBARA KERN, Appellant. |
DECISION
Motion by Barry A. Weinstein, Esq., to be relieved of representing defendant-appellant on the appeal is granted.
On the court's own motion, an enlargement of time to perfect appeal is granted and appeal shall be perfected by September 2, 2005; otherwise appeal dismissed.
APPELLATE TERM : 2nd and 11th JUDICIAL DISTRICTS
| HSBC BANK USA FORMERLY KNOWN AS MARINE MIDLAND BANK, Appellant, -against- BORUCH LEITER, Respondent. |
DECISION
Motion by plaintiff-appellant for an enlargement of time to file a reply brief granted and said brief shall be served and filed by it within 14 days of the date of the order hereon.
APPELLATE TERM : 9th and 10th JUDICIAL DISTRICTS
| 7 HIGHLAND MANAGEMENT CORP., Respondent, -against- MARY McCRAY, Appellant. |
DECISION
Motion to appear as amicus curiae and for other relief denied without prejudice to renewal upon proper notice.
Although service of answering papers, if any, was demanded at least seven (7) days prior to the return date pursuant to CPLR 2214, the date of service of the motion papers did not allow sufficient time for service of answering papers.