APPELLATE TERM : 2nd and 11th JUDICIAL DISTRICTS
| REGINA MISULOVIN, Respondent, -against- JACK CHRISOMALIS, Appellant. |
DECISION
Motion by defendant-appellant for a stay of execution of the judgment pending determination of the appeal is granted, on condition that the appeal is perfected by October 1, 2004; otherwise, motion denied.
APPELLATE TERM : 2nd and 11th JUDICIAL DISTRICTS
| ALL METRO CORP., Respondent, -against- FIT LAUNDROMAT, HASSAN EL-NAHAL "JOHN DOE", "JANE DOE", and "XYZ CORP.", Appellants. |
DECISION
Motion by tenants-appellants for a stay is denied without prejudice to renewal upon proper notice.
Absent is an affidavit of service showing service of the motion papers.
APPELLATE TERM : 2nd and 11th JUDICIAL DISTRICTS
| AYODEJI BABALOLA, Respondent, -against- THE CITY OF NEW YORK and DETECTIVE WILLIAM WALLACE, Appellants. |
DECISION
The branch of the motion, in essence, seeking to vacate dismissal of the appeals granted.
The branch of the motion for an extension of time to perfect appeals is granted and the time to perfect the appeals is enlarged to 30 days after determination of the pending appeal from an order entered on November 26, 2003.
The branch of the motion for a stay denied as academic.
APPELLATE TERM : 2nd and 11th JUDICIAL DISTRICTS
| ASTON-JONES MANAGEMENT, Respondent, -against- BLAS BROWN, Appellant. |
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 court use and occupancy at a like rate as the same becomes due and upon the further condition that the appeal is perfected by November 5, 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
| SUSAN ROSENBERG, MICHAEL ROSENBERG, and RACHEL ROSENBERG, Respondents, -against- SHAYA SCHWARTZ and DEVORAH SCHWARTZ, Appellants. |
DECISION
Motion by tenants-appellants to reinstate and continue the stay contained in the order of this court dated May 13, 2004, is granted on condition that tenants perfect the appeal by October 1, 2004; otherwise stay is vacated without further order of this court. Tenants shall continue to comply with all the other conditions contained in the order of this court dated May 13, 2004.
APPELLATE TERM : 2nd and 11th JUDICIAL DISTRICTS
| MALECH KAHANA, Respondent, -against- MICHAEL GAETA and MILLIE GAETA, Appellants. |
DECISION
Motion by tenants-appellants for a stay is granted on condition that within 10 days from the date of the order hereon tenants deposit in the court below any and all arrears in rent and/or use and occupancy, at the rate of $1,000 and upon the further condition that tenants perfect the appeal by November 5, 2004; upon failure to comply with either condition, the stay is vacated without further order of this court. Tenants shall continue to pay use and occupancy to landlord as it becomes due. Upon failure of tenants to make a required payment for use and occupancy landlord may move upon 3 days' notice to vacate the stay. Tenants 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
| 479 PROSPECT PLACE REALTY CORP., Respondent, -against- ROSALIE McLAUGHLIN, Appellant. |
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 rent-controlled rate previously payable as rent, and continue to deposit into court use and occupancy at a like rate as the same becomes due and upon the further condition that the appeal is perfected by November 5, 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
| 1058 BUSHWICK AVENUE CORP., Respondent, -against- VIOLET HEARD, Appellant. |
DECISION
On the court's own motion, motions by tenant-appellant returnable on June 25, 1004 and June 28, 2004 are consolidated for purposes of disposition.
That branch of the motion by tenant-appellant to modify the prior order to show cause is denied as moot.
That branch of the motion for a stay pending appeal is granted on condition that the appeal is perfected by November 5, 2004; 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 the stay.