SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM : 9th and 10th JUDICIAL DISTRICTS

PRESENT : RUDOLPH, P.J., ANGIOLILLO and TANENBAUM, JJ.

NO.2004-1531 S C
AVALONBAY COMMUNITIES, INC.,

Respondent,

-against-

EUPHEMIA MARTIN and ABEL MARTIN,

Appellants.

DECISION

That branch of the motion by tenants-appellants to reinstate and continue the stay contained in the order of February 7, 2005 and thereafter extended is granted on condition that tenants perfect the appeal by November 4, 2005; otherwise stay is vacated without further order of this court.

That branch of the motion to release all but $300 of the funds deposited with the court below to landlord is granted.

That branch of the motion to modify the stay is also granted and the stay is modified to the extent that tenants are no longer required to pay use and occupancy into the court below but shall pay landlord use and occupancy as it becomes due pending determination of this appeal. Upon failure of tenants to make a required payment for use and occupancy, landlord may move upon 3 days' notice to vacate the stay.



SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM: 9th and 10th JUDICIAL DISTRICTS

PRESENT: RUDOLPH, P.J., ANGIOLILLO and TANENBAUM, JJ.

NO. 2004-1639 S C
ROCH BURELLE,

Respondent,

-against-

MARIE PASCALE-GILBERT
a/k/a MARIE PASCALE-ADDISION,

Appellant.

DECISION

Motion by plaintiff-respondent for an enlargement of time to submit a respondent's brief is denied as academic.





SUPREME COURT OF THE STATE OF NE YORK

APPELLATE TERM : 9th and 10th JUDICIAL DISTRICTS

PRESENT : RUDOLPH, P.J. McCABE and TANENBAUM JJ.

NO.2005-729 N C
YELLOW BOOK OF NEW YORK, INC., F/K/A YELLOW BOOK
OF NEW YORK, LP.,

Respondent,

-against-

MONUMENTAL RADIO DISPATCH CORP.,
AND PAUL ABREU,

Appellants.

DECISION

On the court's own motion, the appeal is dismissed, since no appeal lies from the denial of an application to sign an order to show cause (Matter of Allah v Scheinman, 61 NY2d 755 [1984]; Gache v Town/Village of Harrison, 251 AD2d 624 [1998]; People ex rel. Aguilar v Kelly, 143 AD2d 535 [1988]; 10 Carmody-Wait 2d, NY Prac § 70:8, at 238; cf. CPLR 5704).





SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM : 9th and 10th JUDICIAL DISTRICTS

PRESENT : RUDOLPH, P.J., ANGIOLILLO and TANENBAUM, JJ.

NO. 2005-1079 W C
JOSEPH LaMANNA,

Respondent,

-against-

ROBERT DiDONATO and ANDREA DiDONATO,

Appellants.

DECISION

Motion by tenants-appellants for a stay pending appeal is granted on condition that the appeal is perfected by December 2, 2005; otherwise stay vacated.



SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM : 9th and 10th JUDICIAL DISTRICTS

PRESENT: RUDOLPH, P.J., ANGIOLILLO and TANENBAUM, JJ.

NO. 2005-1141 N C
PATRICE (ANGEL) TICKNER,

Respondent,

-against-


FOR BIRDS ONLY, INC.,

Appellant.

DECISION

Motion by defendant-appellant to withdraw appeal is granted.