APPELLATE TERM : 9th and 10th JUDICIAL DISTRICTS
| THE PEOPLE OF THE STATE OF NEW YORK, Respondent, -against- EMMA TOLLINCHI, Appellant. |
DECISION
Motion by defendant-appellant to vacate dismissal of the appeal is granted on condition that the appeal is perfected by September 2, 2005; otherwise motion denied.
APPELLATE TERM: 9th and 10th JUDICIAL DISTRICTS
| MATS GROUP, INC., Respondent, -against- ADAM ROSEN and CERTIFIED PROTECTION SYSTEMS INC., Appellants, -and- CHRISTINE WIEGAND, LEONARD ROSEN and "JOHN DOE" and "JANE DOE 1-5 ", Undertenants. |
DECISION
Motion by tenants-appellants for a stay pending appeal is denied.
Cross Motion by petitioner imposing sanctions against Adam Rosen and his attorney, Bruce Vetri, Esq, is denied.
APPELLATE TERM: 2nd and 11th JUDICIAL DISTRICTS
| CHASNOV REALTY CORP., Respondent, -against- BRIDGETT SULKER and SHERRY SULKER, Appellants, -an- "JOHN DOE" and "JANE DOE", Undertenants. |
DECISION
Motion by tenants-appellants for a stay pending appeal is granted on condition that the appeal is perfected by August 5, 2005; otherwise stay vacated. Tenants are 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 tenants to make a required payment, landlord may move upon 3 days' notice to vacate the stay.
APPELLATE TERM : 9th and 10th JUDICIAL DISTRICTS
| THE PEOPLE OF THE STATE OF NEW YORK, Respondent, -against- FRANK KUCHARCZYK, Appellant. |
Decision
That branch of the 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]).
That branch of the motion by assigned counsel to be relieved of representing defendant-appellant on the appeal is granted.
APPELLATE TERM : 2nd and 11th JUDICIAL DISTRICTS
| MELANIE SAMUELS, Respondent, -against- THE CITY OF NEW YORK, Appellant. |
DECISION
Motion by defendant-appellant for leave to appeal to the Appellate Division denied as untimely (CPLR 5513 [b]; Rules of the Appellate Term, Second and Eleven Judicial Districts [22 NYCRR] § 731.11 [b]).
APPELLATE TERM : 2nd and 11th JUDICIAL DISTRICTS
| A.B. MEDICAL SERVICES PLLC, LVOV ACUPUNCTURE PC, SOMUN ACUPUNCTURE PC, SQUARE SYNAGOGUE TRANSPORTATION, INC., A/A/O VYACHESLAV GAFOUROV, Appellants, -against- NEW YORK CENTRAL MUTUAL FIRE INSURANCE COMPANY, Respondent. |
DECISION
Motion by defendant-respondent for reargument or, in the alternative, leave to appeal to the Appellate Division or an order directing the Civil Court to resettle its order denied.
We note that this court is obligated to decide appeals based upon the contents of the return provided to this Court by the Civil Court (see CCA 1704). Inasmuch as the order appealed from recited that plaintiff-appellant's moving papers were the sole papers considered by the Civil Court, defendant-appellant could have immediately sought relief from the Civil Court prior to perfection of plaintiff-appellant's appeal from said order.
APPELLATE TERM : 9th and 10th JUDICIAL DISTRICTS
| NANCY GALASSI and ARMAND A. GALASSI, Respondents, -against- COUNTY OF NASSAU and TOWN OF NORTH HEMPSTEAD, Defendants, -and- VILLAGE OF PORT WASHINGTON NORTH, Appellant. |
Motion by respondents for reargument or, in the alternative, leave to appeal to the Appellate Division denied.
APPELLATE TERM : 9th and 11th JUDICIAL DISTRICTS
| THE PEOPLE OF THE STATE OF NEW YORK, Respondent, -against- PARIS MILLER, Appellant. |
DECISION
Motion by assigned counsel, Amy L. Colvin, Esq., to be relieved of representing defendant-appellant on the appeal is granted and other counsel assigned pursuant to article 18-B of the County Law.
On the court's own motion, an enlargement of time to perfect appeal is granted and appeal shall be perfected by August 5, 2005; otherwise appeal dismissed.
APPELLATE TERM: 2nd and 11th JUDICIAL DISTRICTS
| RIVKA KATZMAN, Appellant, -against- SEAN SOMAN and JUDY SOMAN, Respondents. |
DECISION
Motion by respondent Sean Soman for an enlargement of time to serve and file a respondent's brief granted on condition that he serve and file said brief within 21 days of the date of the order hereon. Appellant, if she be so advised, may serve and file a reply brief with 14 days of the filing of said respondent's brief.
APPELLATE TERM: 9th and 10th JUDICIAL DISTRICTS
| THE PEOPLE OF THE STATE OF NEW YORK, Respondent, -against- ROBERT FERRI, Appellant. |
DECISION
Motion by defendant-appellant seeking, in essence, to vacate dismissal of the appeal granted on condition the appeal is perfected by September 2, 2005; otherwise motion denied.
APPELLATE TERM: 9th and 10th JUDICIAL DISTRICTS
| THE PEOPLE OF THE STATE OF NEW YORK, Respondent, -against- CHRISTOPHER J. ANTELO, Appellant. |
DECISION
Motion by defendant-appellant for poor person relief and assignment of counsel is denied.