APPELLATE TERM: 2nd and 11th JUDICIAL DISTRICTS
| TSILYA KELENZON, Appellant, -against- ROSANNA DeROBERTIS, Respondent. |
DECISION
Motion by tenant-respondent for leave to appeal to the Appellate Division and for other relief dismissed.
On the court's own motion, upon the unrebutted proof of petitioner-appellant's death prior to the order of this court dated June 14, 2004 (Kelenzon v DeRobertis, 4 Misc 3d 127 [A] [App Term, 2d & 11th Jud Dists 2004]) which reversed an order of the Civil Court (A. Alterman, J.) dismissing the petition and reinstated said petition, the order of this court dated June 14, 2004 is vacated in the absence of sufficient evidence of a proper substitution (CPLR 1015 [a], 1021; Bossert v Ford Motor Co., 140 AD2d 480 [1988]) and the appeal reinstated (Coverdale v Zucker, 302 AD2d 348, 349 [2003]; Halperin v Waldbaum's Supermarket, 236 AD2d 514, 515 [1997]).
We parenthetically note that the court below (B. Scheckowitz, J.) erred in approving the parties' August 14, 2004 stipulation insofar as it purported to waive the CPLR time periods for seeking leave to appeal to the Appellate Division. Since the time periods for such appeals are "jurisdictional in nature" (Matter of Hannig v McCoy, 4 AD3d 685, 686 [2004]) and "must be strictly followed" (Matter of Reynolds v Dustman, 1 NY3d 559, 560 [2003]), they may not be modified by stipulation or trial court order.
APPELLATE TERM : 2nd and 11th JUDICIAL DISTRICTS
| AGNES QUAMINA, Appellant, -against- JUDITH GOODMAN and ARNOLD GOODMAN, Respondents. |
DECISION
Motion by defendants-respondents for an enlargement of time in which to submit a respondents' brief granted and said brief shall be served and filed within 21 days of the date of this order; otherwise motion denied. Appellant, if she be so advised, may serve and file a reply brief within 14 days after the filing of the respondents' brief.
APPELLATE TERM: 2nd and 11th JUDICIAL DISTRICTS
| DOMENICA ETTER and BRIAN ETTER, Respondents, -against- BLOOMINGDALE VILLAGE CORP., Appellant. |
DECISION
Motion by defendant-appellant for an enlargement of time with which to serve and file a reply brief granted on condition that defendant-respondent serve and file its reply brief within 10 days from the date of the order hereon; otherwise motion denied.
APPELLATE TERM : 2nd and 11th JUDICIAL DISTRICTS
| CALVIN McLEARY, Respondent, -against- DANIEL GONZALEZ, D/B/A MARCELLA GROCERY "JOHN DOE" & "JANE DOE", Appellants. |
DECISION
Motion by landlord-respondent to release funds deposited with the court below prior to determination of the appeal is denied.
APPELLATE TERM : 2nd and 11th JUDICIAL DISTRICTS
| MD MOAZZEM, Respondent, -against- THE PORT AUTHORITY OF NEW YORK AND NEW JERSEY, Appellant. |
DECISION
Motion by respondent for an enlargement of time to submit a respondent's brief is granted, and the brief shall be filed an served within 21 days from the date of the order hereon. Appellant, if it be so advised, may file and serve a reply brief within 14 days after the filing of respondent's brief.