APPELLATE TERM : 9th and 10th JUDICIAL DISTRICTS
| THE PEOPLE OF THE STATE OF NEW YORK, Respondent, -against- ANTHONY W. SMITH, Appellant. |
DECISION
Motion by defendant-appellant for an enlargement of time to perfect appeal is granted and appeal shall be perfected by August 6, 2004; otherwise appeal dismissed.
APPELLATE TERM: 2nd and 11th JUDICIAL DISTRICTS
| ARTHUR PROKOPENKO, Appellant, -against- FREDERICK SINDONA, CARODY INC., JAY ABRAMS, and RYDER TRUCK RENTAL, Respondents. |
DECISION
Motion by defendant-appellant to vacate dismissal of the appeal is granted on condition that the appeal is perfected by August 6, 2004; otherwise motion denied.
APPELLATE TERM : 9th and 10th JUDICIAL DISTRICTS
| LORENZO TODISCO, Respondent, -against- VICTOR JERI and JUANA JERI, Appellants. |
DECISION
Motion by defendants-appellants for an enlargement of time to serve and file a reply brief granted and said brief shall be served and filed within 14 days from the date of the order hereon.
APPELLATE TERM : 9th and 10th JUDICIAL DISTRICTS
| LOUIS F. RUSSO, Respondent, -against- LINDA PASTORE, Appellant. |
DECISION
Motion by tenant-appellant for a stay pending appeal is denied without prejudice to tenant-appellant moving for relief in the court below.
APPELLATE TERM : 2nd and 11th JUDICIAL DISTRICTS
| YMCA OF GREATER NEW YORK, Respondent, -against- ABDOOL HUSSAIN, Appellant. |
DECISION
Motion by tenant-appellant for a stay pending appeal is denied.
APPELLATE TERM : 2nd and 11th JUDICIAL DISTRICTS
| 716 LEFFERTS, LLC, Appellant, -against- ELIEZER GOLDSTOCK and CHANA GOLDSTOCK, Respondents. |
DECISION
Unopposed motion by tenants-respondents for enlargement of time to file respondents' brief granted and time enlarged to 21 days from the date of the order hereon. Landlord-appellant, if it be so advised, may file a reply brief within 14 days thereafter.
APPELLATE TERM : 9th and 10th JUDICIAL DISTRICTS
| ROY C. SEARS, JR., Respondent, -against- MICHELE OKIN, Appellant. |
DECISION
Motion by petitioner-respondent for an order striking the statement of facts from respondent-appellant's brief on the ground that it contains or refers to matters dehors the record denied.
In determining the instant appeal, this court will not consider matters dehors the record (see Chimarios v Duhl, 152 AD2d 508 [1989]).
APPELLATE TERM : 2nd and 11th JUDICIAL DISTRICTS
| BAYWOOD, INC., Respondent, -against- CELLULAR WAREHOUSE, INC., Appellant. |
DECISION
Motion by tenant-appellant for a stay pending appeal is granted on condition that the appeal is perfected by August 6, 2004; otherwise stay vacated. Tenant is directed to pay to landlord any and all arrears in rent and/or use and occupancy at the rate previously payable as rent 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.
APPELLATE TERM : 2nd and 11th JUDICIAL DISTRICTS
| STANISLAV NOVOSELOV, Respondent, -against- JOSEPH RIZZO, Appellant. ---------------------------------------------------------------------------------------------x JOSEPH RIZZO, Third-Party Plaintiff, -against- DMITRIY VOLOTSENKO, Third-Party Defendant. |
DECISION
Motion by defendant-appellant to stay trial pending determination of the appeal is granted on condition that appellant perfects the appeal by August 6, 2004; otherwise stay is vacated without further order of this court.
.
APPELLATE TERM : 2nd and 11th JUDICIAL DISTRICTS
| BRIDGEVIEW GARDEN APARTMENTS, Appellant, -against- ANTHONY RAGUCCI, Respondent. --------------------------------------------------------------------------------------------- BRIDGEVIEW GARDEN APARTMENTS, Appellant, -against- MARK O'CONNOR, Respondent. --------------------------------------------------------------------------------------------- BRIDGEVIEW GARDEN APARTMENTS, Appellant, -against- THERESA LEWIS, Respondent. --------------------------------------------------------------------------------------------- BRIDGEVIEW GARDEN APARTMENTS, Appellant, -against- MICHELLE SEBESTO, Respondent, --------------------------------------------------------------------------------------------- BRIDGEVIEW GARDEN APARTMENTS, Appellant, -against- EDUARDO FLORES, Respondent. |
DECISION
That branch of the motion by landlord-appellant to consolidate the five appeals into one appeal is granted and appeals are consolidated under appeal number 2004-160 RI C.
That branch of the motion for an enlargement of time to perfect appeal is granted and appeal shall be perfected by August 6, 2004; otherwise appeal dismissed.
APPELLATE TERM : 2nd and 11th JUDICIAL DISTRICTS
| LAWRENCE KULAK, Appellant-Respondent, -against- MEIR BARBER SHOP, Respondent-Appellant, -and- BORIS KIKIS, Defendant. |
DECISION
Motion by plaintiff-appellant-respondent for an enlargement of time to file and serve a respondent's brief is granted, and the brief shall be filed and served within 21 days from the date of the order hereon. Defendant-respondent-appellant, if it be so advised, may file and serve a reply brief within 14 days after the filing of plaintiff-appellant-respondent's brief.
APPELLATE TERM : 9th and 10th JUDICIAL DISTRICTS
| THE PEOPLE OF THE STATE OF NEW YORK, Respondent, -against- ROSE COLUMBO, Appellant. |
DECISION
Motion by defendant-appellant seeking to vacate dismissal of the appeal is denied.
APPELLATE TERM : 2nd and 11th JUDICIAL DISTRICTS
| ROBERTA GOBAIRA, Respondent, -against- JOSE CASTILLO and PATRICIA CASTILLO, Appellants. |
DECISION
Motion by defendants-appellants, in essence, for a stay of the damages part of the trial pending the determination of the appeal is granted on condition that appellants perfect the appeal by July 2, 2004; otherwise, stay is vacated without further order of this court.
APPELLATE TERM : 9th and 10th JUDICIAL DISTRICTS
| THE PEOPLE OF THE STATE OF NEW YORK, Respondent, -against- KAREN McKENNA, Appellant. |
DECISION
Motion by the defendant-appellant for leave to appeal the order rendered on December 30, 2003 is denied.
APPELLATE TERM: 2nd and 11th JUDICIAL DISTRICTS
| A.B. MEDICAL SERVICES PLLC, D.A.V. CHIROPRACTIC P.C. LVOV ACUPUNCTURE, SQUARE SYNAGOGUE TRANSPORTATION INC., a/a/o MARC LOUIS, Appellants, -against- GMAC INSURANCE, Respondent. |
DECISION
Motion by plaintiffs-appellants for an enlargement of time to perfect appeal is granted and appeal shall be perfected on or before July 2, 2004; otherwise appeal dismissed.
Defendant-respondent, if so advised, may file and serve a respondent's brief on or before August 6, 2004. Appellants, if so advised, may file and serve a reply brief within 7 days after the filing of the respondent's brief.
APPELLATE TERM: 9th and 11th JUDICIALDISTRICTS
| GUSTAV BARTRA, Respondent, -against- THE COALITION OF LANDLORDS, HOMEOWNERS & MERCHANTS, INC, 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 6, 2004; otherwise motion denied.
APPELLATE TERM : 9th and 10th JUDICIAL DISTRICTS
| THE PEOPLE OF THE STATE OF NEW YORK, Respondent, -against- CLYDE WILLIAMS, Appellant. |
DECISION
Motion by counsel for defendant-appellant to abate the appeal is granted and matter remitted to the trial court for the purpose of vacating the judgment of conviction and dismissing the accusatory instrument (see People v Matteson, 75 NY2d 745 [1989]).
APPELLATE TERM : 9th and 10th JUDICIAL DISTRICTS
| THE PEOPLE OF THE STATE NEW YORK, Respondent, -against- ROBERT HERNANDEZ, Appellant. |
DECISION
Motion by the People as respondent deemed to be a motion to dismiss the appeal is denied.
The appeal stands dismissed rendering this motion moot.
APPELLATE TERM : 9th and 10th JUDICIAL DISTRICTS
| THE PEOPLE OF THE STATE OF NEW YORK, Respondent, -against- JIMMY RIOS, 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 2, 2004; otherwise motion denied.
APPELLATE TERM: 9th and 10th JUDICIAL DISTRICTS
| THE PEOPLE OF THE STATE OF NEW YORK, Respondent, -against- JOSEPH E. VEENEMAN, Appellant. |
DECISION
That branch of the motion by defendant-appellant for an extension of time to file an affidavit of errors is granted and time extended to 30 days from the date of this order.
That branch of the motion to continue to stay sentence pending determination of 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 August 6, 2004; otherwise appeal dismissed.
APPELLATE TERM: 2nd and 11th JUDICIAL DISTRICTS
| AGNES QUAMINA, Appellant, -against- JUDITH GOODMAN and ARNOLD GOODMAN, Respondents. |
DECISION
That branch of the motion by plaintiff-appellant to vacate dismissal of the appeal is granted on condition the appeal is perfected by August 6, 2004; otherwise motion denied.
That branch of the motion to consolidate appeals numbered 2003-1055 and 2004-133 is granted and appeals are hereby consolidated under appeal number 2003-1055.
APPELLATE TERM : 9th and 10th JUDICIAL DISTRICTS
| RICHARD DAKIN, Respondent, -against- ROBERT DISTASIO, Appellant. |
DECISION
Motion by tenant-appellant to vacate dismissal of the appeal is granted on condition that the appeal is perfected by August 6, 2004; otherwise motion denied.
APPELLATE TERM : 9th and 10th JUDICIAL DISTRICTS
| ROBERT DiSTASIO, Respondent, -against- DAWN HINES, Appellant. |
DECISION
Motion by plaintiff-respondent to dismiss appeal for failure to prosecute is granted.
APPELLATE TERM : 9th and 10th JUDICIAL DISTRICTS
| THE PEOPLE OF THE STATE OF NEW YORK, Respondent, -against- DECIDED DEBRA OSTROSKI, Appellant. |
DECISION
Motion by defendant-appellant, in essence, to vacate dismissal of the appeal is granted on condition that the appeal is perfected by August 6, 2004; otherwise motion denied.
APPELLATE TERM : 9th and 10th JUDICIAL DISTRICTS
| THE PEOPLE OF THE STATE OF NEW YORK, Respondent, -against- KEITH HANSON, Appellant. |
DECISION
Motion by defendant-appellant for reargument denied as academic.
An amended return was filed by the court below.
APPELLATE TERM: 2nd and 11th JUDICIAL DISTRICTS
| EVELYN CRAMER, Appellant, -against- MERRICK ASSOCIATES (LTD. PARTNERSHIP), Respondent. |
DECISION
Motion by plaintiff-appellant for leave to appeal to the Appellate Division is denied.
APPELLATE TERM : 2nd and 11th JUDICIAL DISTRICTS
| HEATHER GOMEZ, Appellant, -against- GEICO, Respondent. |
DECISION
Motion by plaintiff-appellant to vacate dismissal of the appeal is granted on condition that the appeal is perfected by August 6, 2004; otherwise motion denied.
APPELLATE TERM : 9th and 10th JUDICIAL DISTRICTS
| THE PEOPLE OF THE STATE OF NEW YORK, Respondent, -against- PAUL BYFIELD, Appellant. |
DECISION
Motion by the People as the respondent to dismiss the appeal is denied.
The appeal was dismissed on December 17, 2002, rendering the instant motion moot.
APPELLATE TERM : 2nd and 11th JUDICIAL DISTRICTS
| THOMAS L. MENNELLA, Appellant, -against- SAM MADONIA, Respondent. |
DECISION
Motion by plaintiff-appellant seeking to vacate dismissal of the appeal is granted on condition that the appeal is perfected by July 2, 2004; otherwise motion denied.
APPELLATE TERM: 9th and 10th JUDICIAL DISTRICTS
| BROOKSIDE SENIOR CITIZENS COOPERATIVE COMMUNITY, INC., Respondent, -against- RICHARD HUFF, Appellant. |
DECISION
Motion by tenant-appellant to vacate dismissal of the appeal is denied.
Appellant has failed to show good cause for failure to timely perfect the appeal (see 22 NYCRR 732.8[b]).