APPELLATE TERM: 9th and 10th JUDICIAL DISTRICTS
| BERKELEY REALTY, LLC. Appellant, -against- LAVERNE HICKS Respondent. |
DECISION
Motion by landlord-appellant for leave to appeal to the Appellate Division denied.
APPELLATE TERM : 9th and 10th JUDICIAL DISTRICTS
| MARTINE ASSOCIATES, LLC., Appellant, -against- LINDA DONAHOE, AND ALL OTHERS, JOHN AND/OR JANE DOE, Respondent. |
DECISION
Motion by landlord-appellant for an order directing payment of use and occupancy and other relief is denied.
The relief requested by landlord is unavailable from this court in the absence of relief being sought by tenant from this court. However, contrary to landlord-appellant's claim, landlord-appellant is permitted to accept use and occupancy payments while its appeal is pending without vitiating its appeal (RPAPL 711 [1]; 17th Holding v Rivera, NYLJ Aug.15, 2002 [App Term, 2nd & 11th Jud Dists]).
APPELLATE TERM : 2nd and 11th JUDICIAL DISTRICTS
| PAULINE JEAN, Respondent, -against- CARLOS TSAPELAS, Appellant. |
DECISION
Motion by plaintiff-respondent to dismiss appeal for failure to prosecute is granted.
APPELLATE TERM 2nd & 11th JUDICIAL DISTRICTS
| CYRILLA BURKE , Respondent, -against- CAROLINE PERSON Appellant. |
DECISION
Motion by tenant-appellant for a stay pending appeal is granted on condition that the appeal is perfected by October 7, 2005; 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
APPELLATE TERM : 9th and 10th JUDICIAL DISTRICTS
| THE PEOPLE OF THE STATE OF NEW YORK, Respondent, -against- REMBERTO VILLEGAS, Appellant. |
DECISION
That branch of the motion by defendant-appellant for an extension of time to take an appeal is granted on condition that the appeal is taken by him within 30 days of the date of the order hereon.
That branch of the motion for a stay of sentence pending determination of the appeal is granted on condition that the appeal is perfected by October 7, 2005; otherwise, stay vacated.
APPELLATE TERM : 9th and 10th JUDICIAL DISTRICTS
| FRIENDS OF THE MOZARTINA MUSICAL ARTS CONSERVATORY, INC., Respondent, -against- SAMANTHA FEQUIERE, Appellant. |
DECISION
Motion by tenant-appellant for a stay is denied.
On the court's own motion, the appeal is stricken from the General Calendar with leave to appellant to move to restore the appeal within 30 days after termination of bankruptcy proceeding or vacatur of the bankruptcy stay.
APPELLATE TERM: 9th and 10th JUDICIAL DISTRICTS
| THE PEOPLE OF THE STATE OF NEW YORK, Respondent, -against- ARLENE BAKER, Appellant. |
Decision
On the court's own motion appeal dismissed as untimely taken.