SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM: 2nd and 11th JUDICIAL DISTRICTS

PRESENT: ARONIN, J.P., GOLIA and RIOS, JJ.

NO. 2003-892 K C
647 ALBANY AVENUE LLC,

Respondent,

-against-

GWENDOLYN SMITH,

Appellant.

DECISION

Motion by landlord-respondent to release funds deposited with the court below is denied without prejudice to renewing motion upon substitution of a personal representative for Gwendolyn Smith in view of her death (CPLR 1015, 1021).





-

SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM : 2nd and 11th JUDICIAL DISTRICTS

PRESENT: ARONIN, J.P., GOLIA and RIOS, JJ.

NO. 2004-250 K C
SHUI LIN LEE,

Respondent,

-against-


ZUNILDA TORO,

Appellant.

DECISION

Motion by landlord-respondent to vacate the stay is denied without prejudice to renewal upon proper notice.

Since service of the motion papers was made by mail, the motion should have been made returnable at least 8 days after service (CPLR 2103 [b] [2]).





SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM : 2nd and 11th JUDICIAL DISTRICTS

PRESENT : PESCE, P.J.

NO. 2004-773 K C
WESTERN ESTATES LLC.,

Respondent,

-against-

CAROLYN ROBERTS,

Appellant.

DECISION

Motion by tenant-appellant seeking to punish landlord-respondent and its attorneys for civil contempt withdrawn.

The motion was withdrawn in the presence of the court (see Stoute v City of New York, 91 AD2d 1043 [1983]).





SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM : 2nd and 11th JUDICIAL DISTRICTS

PRESENT: PESCE, P.J., GOLIA and RIOS, JJ.

NO. 2004-774 K C
PAUL SELFA,

Respondent,

-against-


TIFFANY WILLIAMS,

Appellant.

DECISION

Motion by subtenant-appellant for a stay is granted on condition that within 10 days from the date of the order hereon appellant deposit in the court below any and all arrears in rent and/or use and occupancy, at the rate previously payable as rent, and upon the further condition that appellant perfect the appeal by October 1, 2004; upon failure to comply with either condition, the stay is vacated without further order of this court. Appellant shall continue to pay use and occupancy to tenant-respondent as it becomes due. Upon failure of appellant to make a required payment for use and occupancy respondent may move upon 3 days' notice to vacate the stay. Appellant 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.