APPELLATE TERM : 2nd and 11th JUDICIAL DISTRICTS
| CERIIS ST. MAARTEN, Appellant, -against- WILLIAM FERRINGTON, Respondent. |
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. No further extensions of time will be granted.
.
APPELLATE TERM: 2nd and 11th JUDICIAL DISTRICTS
| NEW YORK CITY HOUSING AUTHORITY NOSTRAND HOUSES, Respondent, -against- FRED MARGIATO, Appellant. |
DECISION
Motion by appellant for leave to appeal to the Appellate Division and other relief denied in all respects.
APPELLATE TERM : 9th and 10th JUDICIAL DISTRICTS
| ROSIE'S DAY CARE CENTER, INC., Respondent, -against- FRUDENBERG, ANDREA FRUDENBERG, THOMAS, Appellants. |
DECISION
Motion by plaintiff-respondent to dismiss appeal is denied without prejudice to renewal upon proper notice.
The motion should have been made returnable at least 13 days after service, since service was being accomplished by mail (CPLR 2214[b], 2103[b][2]).
APPELLATE TERM : 9th and 10th JUDICIAL DISTRICTS
| BARRY ZULLA, Appellant, -against- U STORE IT 513, Respondent. |
DECISION
On the court's own motion, appeal is dismissed.
No appeal lies by a defaulting party from an order entered upon default
(CPLR 5511). Appellant's remedy, if he be so advised, is to move in the court below
to vacate his default.
We incidentally note that a special proceeding should terminate in a judgment and not an order (CPLR 411).
APPELLATE TERM : 9th and 10th JUDICIAL DISTRICTS
| FAIRHAVEN APARTMENTS NO. 6, INC., Respondent, -against- RICHARD BURKE, Appellant. |
DECISION
Motion by tenant-appellant for a stay is denied without prejudice to renewal upon proper notice.
Absent is an affidavit of service showing service of the motion papers.