APPELLATE TERM : 2nd and 11th JUDICIAL DISTRICTS
| VIOLA FULLER, KELLI FULLER, Appellants, -against- MICHAEL STALLONE, ALLSTATE INSURANCE COMPANY, Respondents. |
DECISION
Motion by plaintiffs for reargument or, in the alternative, leave to appeal to the Appellate Division denied.
APPELLATE TERM : 2nd and 11th JUDICIAL DISTRICTS
| ANNA M. PAPPAS, Appellant, -against- EDWARD DOTY, Respondent. |
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
| MICHAEL HARRINGTON, Appellant, -against- DR. BRETT LEVITZKE and BROOKLYN VETERINARY EMERGENCY SERVICES, INC., Respondents. |
DECISION
Motion by plaintiff-appellant for reargument or, in the alternative, for leave to appeal to the Appellate Division is denied.
APPELLATE TERM : 2nd and 11th JUDICIAL DISTRICTS
| KAREN GRIFFITH, Respondent, -against- JOHN A. WELLS, and JOHN ALLEN WELLS, II and CATHY ANN ANDRUS as Executors of the Estate of HELEN M. WELLS, Appellants, -and- ROCCO GIOVANNIELLO d/b/a STATION FOOD EXPRESS and STATION FOOD EXPRESS, INC., Respondents. |
DECISION
Motion by respondent for reargument or, in the alternative, leave to appeal to the Appellate Division denied.
APPELLATE TERM : 2nd and 11th JUDICIAL DISTRICTS
| JOSEPH ALESSANDRO, Respondent, -against- KEYSPAN ENERGY DELIVERY, Appellant. |
DECISION
Motion by defendant-appellant for leave to appeal and for ancillary relief is denied.
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: 2nd and 11th JUDICIAL DISTRICTS
| UNIVERSITY TOWERS ASSOCIATES, Respondent, -against- PROF. NEIL WOTHERSPOON and MRS. WOTHERSPOON, Appellants. |
DECISION
Motion by defendants-appellants for an order seeking to vacate a prior order of this court dismissing the appeal denied.
APPELLATE TERM: 2nd and 11th JUDICIAL DISTRICTS
| LORRAINE PINDER, Respondent, -against- RANDY BECKFORD, Appellant, -and- KATHERINE LEE, Tenant. |
DECISION
Motion by tenant-appellant 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 the court use and occupancy at a like rate as the same becomes due and upon the further condition that the appeal is perfected by October 1, 2004; upon failure to comply with any condition, the stay is vacated without further order of this court. Tenant 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.
APPELLATE TERM : 2nd and 11th JUDICIAL DISTRICTS
| DIAGNOSTIC REHAB. MEDICINE SERV. PC ASSIGNEE OF IRIS MAZARIEGOS, Appellant, -against- TRAVELERS INDEMNITY COMPANY, Respondent. |
DECISION
Motion by defendant-respondent to strike portions of plaintiff-appellant's brief denied.
This court will not consider any matters dehors the record.