APPELLATE TERM : 2nd and 11th JUDICIAL DISTRICTS
| SARA BUSCEMI, Respondent, -against- FRANCISCO MEJIA, D.D.S., Appellant, -and- LUIS MENENDEZ, D.D.S., Defendant. |
DECISION
That branch of the motion by defendant-appellant seeking an enlargement of time to perfect appeal is granted, on condition that appeal be perfected by September 2, 2005; otherwise, said branch of motion denied.
Those branches of motion seeking other relief denied.
APPELLATE TERM : 9th and 10th JUDICIAL DISTRICTS
| PRA III, LLC, Respondent, -against- CAROL VICKERS, Appellant. |
DECISION
` Motion by defendant-appellant, in essence, to vacate dismissal of the appeal is denied.
No appeal lies by a defaulting party from an order entered on default. Appellant, if she be so advised, may move to vacate the default in the court below, and if necessary, take an appeal from an order resulting in an adverse determination.
APPELLATE TERM : 9th and 10th JUDICIAL DISTRICTS
| PINECREST ASSOCIATES, Respondent, -against- NORMA MAXWELL, Appellant. |
DECISION
Motion by tenant-appellant to reinstate and continue the stay contained in the order of this court dated April 21, 2005 is granted on condition that tenant perfects the appeal by October 7, 2005; 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 April 21, 2005.
APPELLATE TERM: 2nd and 11th JUDICIAL DISTRICTS
| PSYCHOLOGICAL PRACTICE P.C. a/a/o MARTINES IVELKA, Appellant, -against- STATE FARM MUTUAL AUTOMOBILE INS CO., Respondent. |
DECISION
On the court's own motion, appeal dismissed.
The appeal is dismissed since no appeal lies by a defaulting party from an order entered on default (Fox v T.B.S.D., Inc., 278 AD2d 612 [2000]; see Vanderveer Apts. v Moore, 2 Misc 3d 132[A], 2004 NY Slip Op 50123[U] [App Term, 2d & 11th Jud Dists]; Scott v Mellen, NYLJ, Dec.14, 2000 [App Term, 2d & 11th Jud Dists]).
Appellant, if it be so advised, may move to vacate the default in the court below, and if necessary, take an appeal from an order resulting in an adverse determination.
APPELLATE TERM : 9th and 10th JUDICIAL DISTRICTS
| SALVATORE BURRUANO, Respondent, -against- THERESA BURRUANO, Appellant. |
DECISION
Motion by tenant-appellant for a stay is granted on condition that within 10 days from the date of the order hereon tenant deposit in the court below any and all arrears in rent and/or use and occupancy from January 1, 2005, at the rate previously payable as rent, and upon the further condition that tenant perfect the appeal by September 2, 2005; upon failure to comply with either condition, the stay is vacated without further order of this court. Tenant shall continue to pay use and occupancy to landlord as it becomes due. Upon failure of tenant to make a required payment for use and occupancy landlord may move upon 3 days' notice to vacate the stay. 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 : 9th and 10th JUDICIAL DISTRICTS
| JOHN and PATRICIA CULLEN, Respondents, -against- LINDA DRALLE, BUEL McQUAY and DONALD McQUAY, Appellants. |
DECISION
Motion by defendants-appellants, in essence, to stay enforcement of money judgment pending determination of the appeal is denied.
Appellants, if it be so advised, may stay the judgment by filing an undertaking with the court below (see CPLR 5519[a][2]).
We note that papers were submitted by plaintiffs-respondents but they were unsworn and lack an affidavit of service.
APPELLATE TERM: 2nd and 11th JUDICIAL DISTRICTS
| DAVID FRIEDMAN and RACHEL FRIEDMAN, A N.Y. LIMITED LIABILITY COMPANY, Respondents, -against- BEN "BENJAMIN" EISNER, Appellant, _-and- "JANE DOE" EISNER, Undertenant. |
DECISION
Motion by tenant-appellant for poor person relief and assignment of counsel is denied without prejudice to renewal upon furnishing this court with proper papers.
Tenant-appellant has failed to furnish this court with the financial information necessary to determine whether he is indigent. In his application for poor person relief tenant has failed to inform this court of the incomes, if any, of the other adult household members.