APPELLATE TERM: 2nd and 11th JUDICIAL DISTRICTS
| WINTHROP REALTY LLC, Respondent, -against- SANDRA MALONEY, Appellant, TYRON HOLDER, Tenant. |
DECISION
Motion by landlord to vacate stay pending appeal denied as premature, without prejudice to renewal upon a proper showing of the due date of tenant's use and occupancy obligation and tenant's noncompliance therewith.
APPELLATE TERM: 2nd and 11th JUDICIAL DISTRICTS
| OCEAN DIAGNOSTIC IMAGING P.C. a/a/o RONALD PIERRE, Respondent, -against- CLARENDON NATIONAL INSURANCE COMPANY, Appellant. |
DECISION
Motion by plaintiff-appellant seeking, in essence, to vacate dismissal of the appeal is granted on condition that the appeal is perfected by November 5, 2004; otherwise motion denied.
APPELLATE TERM: 2nd and 11th JUDICIAL DISTRICTS
| CAI LIAN HUANG, Respondent, -against- DA MU WANG, 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
| LESLIE L. CSELLE, Respondent, -against- PAUL B. DALNOKY, Appellant. |
DECISION
Motion by plaintiff-respondent to dismiss appeal for failure to prosecute is granted.