APPELLATE TERM : 2nd and 11th JUDICIAL DISTRICTS
| A.B. MEDICAL SERVICES, PLLC, D.A.V., CHIROPRACTIC, P.C. DANIEL KIM'S ACUPUNCTURE, P.C., G.A. PHYSICAL THERAPY P.C. a/a/o Norma J. Evans, Appellants-Respondents, -against- LIBERTY MUTUAL INSURANCE COMPANY, Respondent-Appellant. |
DECISION
Motion by plaintiffs-appellants for leave to appeal to the Appellate Division denied.
APPELLATE TERM : 2nd and 11th JUDICIAL DISTRICTS
| BFN REALTY ASSOCIATES, Respondent, -against- NESTOR CORA, Appellant. |
DECISION
Motion by landlord-respondent for leave to appeal to the Appellate Division and for related relief denied.
APPELLATE TERM : 2nd and 11th JUDICIAL DISTRICTS
| OCEAN DIAGNOSTIC IMAGING P.C. As Assignee of Christina Tomlinson Alex Kapitonov Leny Petrov, Appellant, -against- NEW YORK CENTRAL MUTUAL FIRE INSURANCE COMPANY, Respondent. |
DECISION
Motion by defendant-respondent for reargument or, in the alternative, for leave to appeal to the Appellate Division is denied.
APPELLATE TERM: 2nd and 11th JUDICIAL DISTRICTS
| ARTHUR SICKLER, Respondent, -against- THE CITY OF NEW YORK, ENVIRONMENTAL PROTECTION DEPARTMENT OF THE CITY OF NEW YORK, Appellants, -and- NAB CONSTRUCTION CO., Defendant. -------------------------------------------------------------------------------------x CITY OF NEW YORK, Third-Party Plaintiff-Appellant, -against- AC&S, INSULATION CORP., Third-Party Defendant-Respondent. |
DECISION
On the court's own motion, the order of dismissal dated September 14, 2005 is hereby vacated and the appeal is restored on condition that appellants settle the record and properly perfect the appeal by December 2, 2005, otherwise appeal dismissed.
APPELLATE TERM : 2nd and 11th JUDICIAL DISTRICTS
| PSYCH. & MASSAGE THERAPY ASSOC., PLLC, Assignee of Gregory Przyborouwski Hector Morales Sonia Guardado Dicsiana Reyes and Isabel Gonzalez, Respondent, -against- PROGRESSIVE CASUALTY INSURANCE CO., Appellant. |
DECISION
On the court's own motion, the order dismissing the appeal is vacated and the appeal restored.
APPELLATE TERM : 2nd and 11th JUDICIAL DISTRICTS
| HANCOCK ASSOCIATES, L.L.C., Appellant, -against- GLORIA GOMEZ, Respondent. |
DECISION
Motion by tenant-respondent to dismiss appeal is denied on condition that the appeal is perfected by January 6, 2006; otherwise motion granted and appeal dismissed.
APPELLATE TERM : 2nd and 11th JUDICIAL DISTRICTS
| RNR REALTY CORP., Respondent, -against- KAREN HUNTER, Appellant. |
DECISION
On the court's own motion, the appeal is dismissed.
It appears that appellant seeks to appeal from an order of the court below dated May 27, 2005 which set aside a stipulation, either upon the court's own motion or upon an oral motion. Moreover, said order does not, as required, recite any papers upon which it might have been based (CPLR 2219 [a]). Thus, the appeal should be dismissed (see Binensztok v Bello, 285 AD2d 619 [2001]; Fox v T.B.S.D., Inc, 278 AD2d 612 [2000]).
The record does contain an order to show cause which was denied, but such an order is also unappealable (Gache v Town/Village of Harrison, 251 AD2d 624 [1998]; cf. CPLR 2214 [a]; 5704 [b]).
APPELLATE TERM : 2nd and 11th JUDICIAL DISTRICTS
| ALICE A. GILER, Respondent, -against- EMPIRE STATE COLLISION SERVICE, INC., Appellant. |
DECISION
Motion by plaintiff-respondent to dismiss appeal for failure to prosecute is granted.