APPELLATE TERM : 2nd and 11th JUDICIAL DISTRICTS
| BUSHWICK PROPERTIES MANAGEMENT LIMITED PARTNERSHIP, Respondent, -against- VANESSA WOODS, Appellant, -and- CHERYL WILSON, MELINDA WILSON and PAUL JAMISON, Respondents. |
DECISION
Motion by tenant-appellant for reargument or in the alternative leave to appeal to the Appellate Division denied.
APPELLATE TERM : 2nd and 11th JUDICIAL DISTRICTS
| TOPAZ REALTY CORP., Appellant, -against- EDDIE MORALES, Respondent. |
DECISION
Motion by landlord-appellant to further stay all proceedings pending determination of the appeal and for an enlargement of time to perfect the appeal granted on condition that the appeal is perfected by December 3, 2004; otherwise, motion denied.
APPELLATE TERM : 2nd and 11th JUDICIAL DISTRICTS
| BLB REALTY CORP., Appellant, -against- CORRAINE HOLLOWAY, Respondent. |
DECISION
Motion by landlord-appellant for an enlargement of time to perfect its appeal granted on condition that the appeal be perfected by December 3, 2004; otherwise motion denied and appeal dismissed.
APPELLATE TERM : 2nd and 11th JUDICIAL DISTRICTS
| BAYWOOD, INC., Respondent, -against- CELLULAR WAREHOUSE, INC., Appellant. |
DECISION
Motion by landlord-respondent to vacate the stay contained in the order of this court dated May 26, 2004 denied as moot.
Pursuant to the terms of the order, the stay was conditioned upon tenant perfecting its appeal from the final judgment by August 6, 2004.
APPELLATE TERM : 2nd and 11th JUDICIAL DISTRICTS
| FIRST BROOKLYN PROPERTIES LLC, Respondent, -against- ROSA DIAZ, Appellant. |
DECISION
That branch of the motion by tenant-appellant seeking to stay enforcement of judgment dated May 24, 2004 and the warrant of eviction issued pursuant to said judgment pending determination of the appeal is granted on condition that she perfect the appeal by December 3, 2004.
On the court's own motion, the appeal by tenant-appellant from the decision dated May 12, 2004 is dismissed as no appeal lies from a decision (see Schicchi v Green Constr. Corp., 100 A.D.2d 509 [1984]).
That branch of the motion by tenant-appellant to consolidate her appeals from the judgment dated May 24, 2004 and the decision dated May 12, 2004 is denied as moot.
That branch of tenant-appellant's motion seeking poor person relief is granted.
That branch of tenant-appellant's motion seeking to stay application of RPAPL 745 (2) pending determination of the appeal is denied.
Enforcement of the judgment dated May 24, 2004 is stayed because it appears at this juncture that it was not in compliance with RPAPL 745 (2). We further note that tenant-appellant has deposited the amount of the petition which it appears was recoverable by landlord as rent.
While not the proper subject of a separate appeal, the decision dated May 12, 2004 may be reviewed upon the appeal from the judgment.
APPELLATE TERM : 2nd and 11th JUDICIAL DISTRICTS
| MUTUAL HOUSING ASSOC. of NY, Respondent, -against- MARGARET STUART, Appellant. |
DECISION
Motion by licensee-appellant for a stay pending determination of the appeal denied.
APPELLATE TERM : 2nd and 11th JUDICIAL DISTRICTS
| 2691 HYLAN BOULEVARD LLC, Respondent, -against- STATEN ISLAND UNIVERSITY HOSPITAL, Appellant. |
DECISION
That branch of the motion by tenant-appellant, seeking, in essence, to stay all proceedings pending determination of the appeal is granted, on condition that tenant-appellant pay all base rent which has accrued subsequent to the final judgment being appealed from, that it continue to pay base rent as it becomes due, and that it perfect its appeal by December 3, 2004; otherwise, motion denied.
That branch of the motion seeking to vacate the warrant of eviction, if any, denied without prejudice to a motion in the court below seeking said relief.