APPELLATE TERM : 2nd and 11th JUDICIAL DISTRICTS
| THE PEOPLE OF THE STATE OF NEW YORK, Respondent, -against- JAMES KIRSCH, Appellant. |
DECISION
Motion by assigned counsel to be relieved of representing defendant-appellant on the appeal is granted and other counsel assigned pursuant to article 18-B of the County Law.
On the court's own motion, an enlargement of time to perfect appeal is granted and appeal shall be perfected by December 2, 2005; otherwise appeal dismissed.
APPELLATE TERM : 2nd and 11th JUDICIAL DISTRICTS
| COURTNEY EDWARDS, Respondent, -against- MARIE CHAVANES, Appellant. |
DECISION
On the court's own motion, order dated September 26, 2005 recalled and the following substituted therefor.
That branch of the motion by tenant-appellant seeking to enlarge time to perfect the appeal is deemed an application to vacate the order of dismissal dated July 27, 2005 and is granted, and time to perfect enlarged to December 2, 2005.
That branch of the motion seeking to reinstate and continue the stay granted on condition that within 10 days of the date of the order hereon tenant-appellant pay landlord-respondent any and all arrears in rent and/or use and occupancy at the rate previously payable as rent and continue to pay rent and/or use and occupancy to landlord-respondent as the same becomes due. Upon a default, landlord-respondent may move upon three days' notice to vacate the stay.
APPELLATE TERM : 2nd and 11th JUDICIAL DISTRICTS
| COSMOPOLITAN ASSOCIATES, LLC., Appellant, -against- MARIA FUENTES, Respondent, -and- JOHN DOE and JANE DOE, Undertenants. |
DECISION
Motion by the Legal Aid Society for leave to appear and file a brief as amicus curiae in support of tenant-respondent granted, and said brief shall be served and filed within 10 days of the date of the order hereon. Landlord-appellant, if it be so advised, may serve and file a reply brief within seven days of the filing of the amicus curiae brief.
APPELLATE TERM: 2nd and 11th JUDICIAL DISTRICTS
| THE PEOPLE OF THE STATE OF NEW YORK, Respondent, -against- ALKESH G. SHAH, Appellant. |
DECISION
That branch of the motion by defendant-appellant for leave to appeal is denied.
That branch of the motion for poor person relief is denied.
APPELLATE TERM : 2nd and 11th JUDICIAL DISTRICTS
| THE PEOPLE OF THE STATE OF NEW YORK, Respondent, -against- CLINTON BLAIR, Appellant. |
DECISION
Motion by defendant-appellant for an enlargement of time to perfect appeal is granted and appeal shall be perfected by December 2, 2005; otherwise appeal dismissed.
APPELLATE TERM : 2nd and 11th JUDICIAL DISTRICTS
| AVENUE MANAGEMENT GROUP, LTD., Respondent, -against- ITAL EXPRESS, Appellant, -and- "JOHN DOE" and/or "JANE DOE" Undertenants. |
DECISION
Motion by tenant-appellant for a stay pending appeal is granted on condition that the appeal is perfected by January 6, 2006; otherwise stay vacated. Tenant is directed to pay to landlord any and all arrears in rent and/or use and occupancy, including payment for February 2005, at the rate previously payable as rent within 10 days from the date of this order and to continue to pay landlord use and occupancy at a like rate as it becomes due. Upon failure of tenant to make a required payment, landlord may move upon 3 days' notice to vacate the stay.
APPELLATE TERM: 2nd and 11th JUDICIAL DISTRICTS
| ABDUS SHAHID and HALIMA ANSARI, Respondents, -against- SEBASTIAN GUZMAN, Appellant, -and- and "JOHN DOE" and "JANE DOE", Undertenants. |
DECISION
Motion by tenant-appellant, for summary reversal and for stay pending determination of appeal denied.
It is incidentally noted that the only notice of appeal in the moving papers
is in the matter of Shahid v Guzman, Civil Court Index No. L&T 65075/05.