APPELLATE TERM : 2nd and 11th JUDICIAL DISTRICTS
| BAYWOOD, INC., Respondent, -against- CELLULAR WAREHOUSE, INC., Appellant. |
DECISION
Motion by landlord-respondent to vacate stay and ancillary relief is denied without prejudice to renewal upon proper notice.
Movant made motion returnable 7 days rather than 8 days after service (CPLR 2103 [b] [2]).
APPELLATE TERM : 2nd and 11th JUDICIAL DISTRICTS
| MESEROLE AVENUE LLC, Respondent, -against- ANDREW LYGHT, Appellant. |
DECISION
That branch of the motion by tenant-appellant to reinstate and continue the stay contained in the order of this court dated March 29, 2004, is granted on condition that tenant perfects the appeal by October 1, 2004; otherwise stay is vacated without further order of this court. Tenant shall continue to comply with all the other conditions contained in the order of this court dated March 29, 2004.
That branch of the motion to consolidate appeals is granted.
It is noted that the order of this court dated March 29, 2004, does not preclude landlord from moving in the court below to set the fair market value for use and occupancy.
APPELLATE TERM: 2nd and 11th JUDICIAL DISTRICTS
| FIRST BANK OF THE AMERICAS, FORMERLY KNOWN AS BANCO DE BOGOTA TRUST COMPANY, Respondent, -against- MARILYN FOSTER, Appellant. |
DECISION
Motion by defendant-appellant for an enlargement of time to perfect appeal is granted and appeal shall be perfected by October 1, 2004; otherwise appeal dismissed.
APPELLATE TERM : 2nd and 11th JUDICIAL DISTRICTS
| JAMIL M. ABRAHAM, M.D. P.C. d/b/a PARK HEALTH CENTER ROCKAWAY BOULEVARD MEDICAL P.C. SURE CHIROPRACTIC P.C. PARK ALTERNATIVE MEDICINE P.C. a/a/o Joziel LeConte, Appellants, -against- COUNTRY-WIDE INSURANCE COMPANY, Respondent. |
DECISION
Motion by defendant-respondent to vacate the decision and order of this Court dated February 10, 2004 denied without prejudice to a motion to reargue said decision and order, specifically addressing the merits of the appeal.
Defendant-respondent shall serve and file its motion by September 3, 2004; plaintiffs-appellants shall serve and file their reply, should they be so advised, by September 17, 2004.
APPELLATE TERM : 9TH and 10th JUDICIAL DISTRICTS
| THE SECRETARY OF HOUSING AND URBAN DEVELOPMENT, Respondent, -against- FREEDLINE LEMAIRE, Appellant, -and- KENYA FLOYD, DAVID METELLUS S/H/A "JOHN DOE", "JOHN DOE" and "JANE DOE", Undertenants. |
DECISION
Motion by appellant to reinstate stay pending appeal denied.
APPELLATE TERM : 2nd and 11th JUDICIAL DISTRICTS
| 111 ON 111 REALTY CORP., Appellant, -against- WILLIAM NORTON, Respondent. |
DECISION
Motion by landlord-appellant for stay pending determination of appeal granted on condition that it perfect the appeal by October 1, 2004, and otherwise, denied.
APPELLATE TERM : 9th and 10th JUDICIAL DISTRICTS
| THE SECRETARY OF HOUSING and URBAN DEVELOPMENT, Respondent, -against- FREEDLINE LEMAIRE, Appellant, -and- KENYA FLOOD, DAVID METELLUS S/H/A "JOHN DOE", "JOHN DOE" and "JANE DOE", Undertenants. |
DECISION
That branch of the motion by landlord-respondent seeking to vacate a stay pending determination of the appeal denied as academic.
Those branches of motion seeking to expedite the appeal, and for other relief, also denied.
The aforementioned stay provided for vacatur without further order of this court upon tenants-appellants' failure to comply with its terms.
APPELLATE TERM : 9th and 10th JUDICIAL DISTRICTS
| THE SECRETARY OF HOUSING AND URBAN DEVELOPMENT, Respondent, -against- FREEDLINE LEMAIRE, Appellant, KENYA FLOOD, DAVID METELLUS S/H/A "JOHN DOE", "JOHN DOE" and "JANE DOE", Undertenants, |
DECISION
On the court's own motion, tenant-appellant's motion to continue stay of execution of final judgment pending determination of appeal, and landlord-respondent's motions to extend time to submit a respondent's brief and to strike portions of tenant-appellant's brief, are consolidated for purposes of disposition.
Motion by tenant-appellant to continue stay contained in the order of this court dated September 12, 2003 granted on condition that tenant-appellant abide by the terms and conditions of the stay as set forth in said order; otherwise, as provided therein, the stay shall vacate without further order of this court.
Motion by landlord-respondent to enlarge its time to file a respondent's brief granted; said brief shall be served and filed within 21 days of the date of the order hereon, and appellant's reply brief, if any, shall be filed within 14 days of the filing of the respondent's brief.
Motion by landlord-respondent to strike portions of the appellant's brief as containing material dehors the record denied, without prejudice to the raising of said issue upon the appeal.
We note that this court will not consider matters dehors the record.
Doyle, P.J., taking no part.