APPELLATE TERM : 9th and 10th JUDICIAL DISTRICTS
| CARMENZA CARDOZO, Appellant, -against- KEVIN DEIRLEIN & JOAN DEIRLEIN, Respondents. |
DECISION
That branch of the motion by appellant seeking an enlargement of time to perfect appeal granted, on condition that appeal be perfected by October 7, 2005; otherwise, denied.
That branch of the motion seeking restoration of the appeal to the general calendar denied as moot.
The matter has heretofore been restored to the general calendar upon receipt of the record from the court below.
APPELLATE TERM : 9th and 10th JUDICIAL DISTRICTS
| CHRISTINE WILLIAMS FOR MINOR JEREMY BORDEN, Respondent, -against- WILLIAM SEYDEL AND THERESE SEYDEL, Appellants. |
DECISION
Motion by appellants for a stay is denied.
APPELLATE TERM : 9th and 10th JUDICIAL DISTRICTS
| SUSAN DONOHUE, Respondent, -against- MARILOU SADD, Appellant. |
DECISION
Motion by tenant-appellant for a stay is denied without prejudice to renewal upon proper notice.
Tenant failed to serve landlord with the motion papers in support of her motion. Moreover, upon renewal movant shall set forth good cause for her failure to comply with the deposit requirement contained in the order to show cause dated June 1, 2005.
APPELLATE TERM : 9th and 10th JUDICIAL DISTRICTS
| GREATER CENTENNIAL HOMES HOUSING DEVELOPMENT FUND CO., INC., Respondent, -against- MICHELLE RICHARDSON, Appellant. |
DECISION
Motion by tenant-appellant to reinstate and continue the stay contained in the order of August 17, 2004 and subsequently extended by an order dated March 18, 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 August 17, 2004.
APPELLATE TERM : 9th and 10th JUDICIAL DISTRICTS
| THE PEOPLE OF THE STATE OF NEW YORK, ROEDER'S ARK, HUMANE SOCIETY OF MIDDLETOWN, INC. and WARWICK VALLEY HUMANE SOCIETY, INC., Respondents, -against- JACK STOLTZ and FRANCES C. STOLTZ, Appellants. |
DECISION
Motion to include appendix as part of the record on appeal denied.
This court is bound by the return and will not consider matters dehors the record on the appeal.
APPELLATE TERM : 9th and 10th JUDICIAL DISTRICTS
| 7 HIGHLAND MANAGEMENT CORP., Respondent, -against- MARY McCRAY, Appellant. |
DECISION
That branch of the motion by Legal Services of the Hudson Valley for leave to appear as amicus curiae is granted, on condition that the brief is served and filed within 30 days from the order hereon.
That branch of the motion seeking leave to argue orally is also granted.
APPELLATE TERM : 9th and 10th JUDICIAL DISTRICTS
| LESLIE GOFFE, Respondent, -against- JASON GOFFE, Appellant, -and- LILLIAN GOFFE, Intervener-Appellant, -and- "JOHN DOE" and "JANE DOE", Undertenants. . |
DECISION
Motion by intervener-appellant Lillian Goffe, in essence, to reinstate and continue the stay contained in the order of this court dated January 25, 2005, is granted on condition that tenant perfects the appeal by October 7, 2005; otherwise stay vacated without further order of this court.
APPELLATE TERM : 9th and 10th JUDICIAL DISTRICTS
| SUNHEE MOON, Respondent, -against- DAVOUD KHAZRAIE, Appellant. |
DECISION
Motion by defendant-appellant to vacate dismissal of the appeal is granted on condition that the appeal is perfected by October 7, 2005; otherwise motion denied.
APPELLATE TERM: 9th and 10th JUDICIAL DISTRICTS
| D.A.N. JOINT VENTURE III, L.P., Respondent, -against- PAUL GOLDSTEIN, Appellant. |
DECISION
Motion by defendant-appellant to enlarge time to file a reply brief granted on condition that said brief be served and filed within 14 days of the order hereon; otherwise, motion denied.
APPELLATE TERM : 9th and 10th JUDICIAL DISTRICTS
| MARTIN A. LEHMAN, Appellant, -against- BARBARA KORNBLAU, individually and in her official capacity as an Assistant District Attorney of Nassau County, and the COUNTY OF NASSAU, Respondents. |
DECISIONS
Motion by defendants-respondents for an enlargement of time to file and serve a respondent's brief is granted and the brief shall be filed and served within 21 days of the order hereon. Appellant, if he be so advised, may file and serve a reply brief within 14 days after the filing of the respondents' brief.
APPELLATE TERM : 9th and 10th JUDICIAL DISTRICTS
| SEASON'S PARTNERS, Respondent, -against- BARBARA GREEN-FLOOD, Appellant. |
DECISION
Motion by tenant-appellant to be restored to possession is denied.
The appeal has not been properly taken since no notice of appeal has been filed in the court below. In addition, absent is proof of service of the order to show cause. In any event, on review of the papers it appears that tenant's remedy would be to move in the court below to be restored to possession upon proper service.