APPELLATE TERM: 2nd and 11th JUDICIAL DISTRICTS
| WINTHROP REALTY LLC, Respondent, -against- SANDRA MALONEY, Appellant, TYRON HOLDER, Tenant. |
DECISION
Motion by landlord-respondent to vacate the stay in this matter pending determination of the appeal is denied, on condition that tenant pay all outstanding use and occupancy to landlord within 10 days of the date of the order hereon, otherwise motion granted.
APPELLATE TERM : 2nd and 11th JUDICIAL DISTRICTS
| CENTRAL REALTY MANAGEMENT LLC., Respondent, -against- MALIKA ALCINDOR and/or BRIAN FLOWERS and/or RONNIE CREWS and/or JALEELAH RAMIN and/or "JOHN DOE" and "JANE DOE", Tenants, -and- COLLETTE McGRUDER s/h/a "JANE DOE" Appellant. |
DECISION
Motion by appellant for stay denied without prejudice to appellant seeking a stay in the court below pursuant to CPLR 5519 (a) (6).
Landlord commenced this summary proceeding after purchasing the building on December 18, 2003 in a tax foreclosure sale. The court below pursuant to a motion for summary judgment, awarded landlord possession. With respect to the eleven appellants who are named in the proceeding only as John and Jane Doe, we find that they have shown arguable merit to their appeal as to whether landlord exercised due diligence in order to ascertain the identities of these occupants as required by CPLR 1024 in order for landlord to proceed against unknown necessary parties.
However, with regard to setting a proper amount for use and occupancy, this court lacks a sufficient basis upon which to determine a fair amount. Thus, the appellant is directed to apply to fix an undertaking pursuant to CPLR 5519 (a) (6) in the court below. In setting use and occupancy, the court should consider not only the fair market value in a comparable apartment but also should consider whether the landlord is providing the appellants with appropriate services or whether the appellants are providing these services for themselves.
APPELLATE TERM: 2nd and 11th JUDICIAL DISTRICTS
| CENTRAL REALTY MANAGEMENT LLC, Respondent, -against- MALIKA ALCINDOR and/or BRIAN FLOWERS, and/or RONNIE CREWS and/or JALEELAH RAMIN and/or "JOHN DOE", "JANE DOE", Tenants, -and- ROBIN BROWN s/h/a "JANE DOE", Appellant. |
DECISION
Motion by appellant for stay denied without prejudice to appellant seeking a stay in the court below pursuant to CPLR 5519 (a) (6).
Landlord commenced this summary proceeding after purchasing the building on December 18, 2003 in a tax foreclosure sale. The court below pursuant to a motion for summary judgment, awarded landlord possession. With respect to the eleven appellants who are named in the proceeding only as John and Jane Doe, we find that they have shown arguable merit to their appeal as to whether landlord exercised due diligence in order to ascertain the identities of these occupants as required by CPLR 1024 in order for landlord to proceed against unknown necessary parties.
However, with regard to setting a proper amount for use and occupancy, this court lacks a sufficient basis upon which to determine a fair amount. Thus, the appellant is directed to apply to fix an undertaking pursuant to CPLR 5519(a)(6) in the court below. In setting use and occupancy, the court should consider not only the fair market value in a comparable apartment but also should consider whether the landlord is providing the appellants with appropriate services or whether the appellants are providing these services for themselves.
APPELLATE TERM : 2nd and 11th JUDICIAL DISTRICTS
| CENTRAL REALTY MGT LLC., Respondent, -against- MALIKA ALCINDOR, Appellant, -and- BRIAN FLOWERS and/or RONNIE CREWS and/or JALEELAH RAMIN and/or "JOHN DOE" and "JANE DOE", Tenants. |
DECISION
Motion by appellant for a stay is denied.
APPELLATE TERM: 2nd and 11th JUDICIAL DISTRICTS
| JUVONDI R. PENDER, Appellant, -against- LIBERTY AUTO COLLISION INC. and EZRA ROBINSON, Respondents. |
DECISION
Motion by plaintiff-appellant for poor person relief and assignment of counsel is denied.
On the court's own motion, appeal is dismissed.
The order did not decide a motion made upon notice and is therefore unappealable as of right (CCA 1702[a][2]).
APPELLATE TERM : 2nd and 11th JUDICIAL DISTRICTS
| THE PEOPLE OF THE STATE OF NEW YORK, Respondent, -against- KENLEY STANISLAS, Appellant. |
DECISION
Motion by the defendant-appellant for poor person relief is granted and Legal Aid Society is assigned.
ORDERED that the motion is granted. If necessary appellant's time to file an affidavit of errors is extended 30 days from the date of this order.
ORDERED that the stenographer of the trial court shall promptly make, certify and file two typewritten transcripts of the minutes of all proceedings, including those minutes of the voir dire of prospective jurors in cases tried before a jury, with the clerk of the trial court, who is directed to furnish, without charge, one copy to the following attorney, who is now assigned as counsel to prosecute the appeal:
ORDERED that assigned counsel shall make the transcript available to the District Attorney simultaneously with the service of appellant's brief, same to be returned upon argument or submission of the appeal. The clerk is further directed to file the second copy of the transcript with the record, which shall then be filed with this court;
ORDERED that upon service of a copy of this decision and order upon it, the Department of Probation is hereby authorized and directed to provide assigned counsel with a copy of the pre-sentence report prepared in connection with the defendant's sentencing, including the recommendation sheet and any prior reports on the defendant which are incorporated or referred to in the report.
APPELLATE TERM : 9th and 10th JUDICIAL DISTRICTS
| WINSTON DUNLOP, Individually and as Parent and Natural Guardian of CHELSEA DUNLOP, an Infant Under 14, Respondents, -against- TOYS "R" US, INC., Appellant. |
DECISION
Motion by plaintiffs-respondents to enlarge time to submit respondents' brief granted, and said brief shall be served and filed within 21 days after the date of the order hereon. Defendant-appellant, if so advised, may serve and file a reply brief within 14 days after the filing of the respondents' brief.
APPELLATE TERM : 9th and 10th JUDICIAL DISTRICTS
| JANET COUPE, Appellant, -against- NAOMI KANALES, Respondent. |
DECISION
Motion by respondent for an enlargement of time to submit a respondent's brief granted and said brief shall be served and filed within 21 days of the date of the order hereon. Appellant, if she be so inclined, may serve and file a reply brief within 7 days of the date of filing of the respondent's brief.
APPELLATE TERM : 9th and 10th JUDICIAL DISTRICTS
| THE PEOPLE OF THE STATE OF NEW YORK, Respondent, -against- MICHAEL J. DeJESUS, Appellant. |
DECISION
Motion by defendant-appellant for poor person relief is granted and Rockland County Public Defender is assigned.
APPELLATE TERM: 2nd and 11th JUDICIAL DISTRICTS
| CENTRAL REALTY MANAGEMENT LLC, Respondent, -against- MALIKA ALCINDOR and/or BRIAN FLOWERS, and/or RONNIE CREWS and/or JALEELAH RAMIN and/or "JOHN DOE", "JANE DOE", Tenants, -and- ROBIN BROWN s/h/a "JANE DOE", Appellant. |
DECISION
Motion by appellant for stay denied without prejudice to appellant seeking a stay in the court below pursuant to CPLR 5519 (a) (6).
Landlord commenced this summary proceeding after purchasing the building on December 18, 2003 in a tax foreclosure sale. The court below pursuant to a motion for summary judgment, awarded landlord possession. With respect to the eleven appellants who are named in the proceeding only as John and Jane Doe, we find that they have shown arguable merit to their appeal as to whether landlord exercised due diligence in order to ascertain the identities of these occupants as required by CPLR 1024 in order for landlord to proceed against unknown necessary parties.
However, with regard to setting a proper amount for use and occupancy, this court lacks a sufficient basis upon which to determine a fair amount. Thus, the appellant is directed to apply to fix an undertaking pursuant to CPLR 5519(a)(6) in the court below. In setting use and occupancy, the court should consider not only the fair market value in a comparable apartment but also should consider whether the landlord is providing the appellants with appropriate services or whether the appellants are providing these services for themselves.
APPELLATE TERM : 2nd and 11th JUDICIAL DISTRICTS
| CENTRAL REALTY MANAGEMENT LLC, Respondent, -against- MALIKA ALCINDOR and/or BRIAN FLOWERS, and/or RONNIE CREWS and/or JALEELAH RAMIN, and/or "JOHN DOE" AND "JANE DOE", Tenants, -and- RICHARD HILL s/h/a JOHN DOE, Appellant. |
DECISION
Motion by appellant for stay denied without prejudice to appellant seeking a stay in the court below pursuant to CPLR 5519 (a) (6).
Landlord commenced this summary proceeding after purchasing the building on December 18, 2003 in a tax foreclosure sale. The court below pursuant to a motion for summary judgment, awarded landlord possession. With respect to the eleven appellants who are named in the proceeding only as John and Jane Doe, we find that they have shown arguable merit to their appeal as to whether landlord exercised due diligence in order to ascertain the identities of these occupants as required by CPLR 1024 in order for landlord to proceed against unknown necessary parties.
However, with regard to setting a proper amount for use and occupancy, this court lacks a sufficient basis upon which to determine a fair amount. Thus, the appellant is directed to apply to fix an undertaking pursuant to CPLR 5519(a)(6) in the court below. In setting use and occupancy, the court should consider not only the fair market value in a comparable apartment but also should consider whether the landlord is providing the appellants with appropriate services or whether the appellants are providing these services for themselves.
APPELLATE TERM : 2nd and 11th JUDICIAL DISTRICTS
| CENTRAL REALTY MANAGEMENT, LLC, Respondent, -against- MALIKA ALCINDOR and/or BRIAN FLOWERS and/or RONNIE CREWS and/or JALEELAH RAMIN, and/or "JOHN DOE" and "JANE DOE," Tenants, -and- CHARISSE HOWELL s/h/a "JANE DOE," Appellant. |
DECISION
Motion by appellant for stay denied without prejudice to appellant seeking a stay in the court below pursuant to CPLR 5519 (a) (6).
Landlord commenced this summary proceeding after purchasing the building on December 18, 2003 in a tax foreclosure sale. The court below pursuant to a motion for summary judgment, awarded landlord possession. With respect to the eleven appellants who are named in the proceeding only as John and Jane Doe, we find that they have shown arguable merit to their appeal as to whether landlord exercised due diligence in order to ascertain the identities of these occupants as required by CPLR 1024 in order for landlord to proceed against unknown necessary parties.
However, with regard to setting a proper amount for use and occupancy, this court lacks a sufficient basis upon which to determine a fair amount. Thus, the appellant is directed to apply to fix an undertaking pursuant to CPLR 5519(a)(6) in the court below. In setting use and occupancy, the court should consider not only the fair market value in a comparable apartment but also should consider whether the landlord is providing the appellants with appropriate services or whether the appellants are providing these services for themselves.
APPELLATE TERM : 2nd and 11th JUDICIAL DISTRICTS
| CENTRAL REALTY MANAGEMENT LLC., Respondent, -against- MALIKA ALCINDOR and/or BRIAN FLOWERS and/or RONNIE CREWS and/or JALEELAH RAMIN and/or "JOHN DOE" and "JANE DOE", Defendants, -and- RAVEL VELOZ s/h/a "JOHN DOE", Appellant. |
DECISION
Motion by appellant for stay denied without prejudice to appellant seeking a stay in the court below pursuant to CPLR 5519 (a) (6).
Landlord commenced this summary proceeding after purchasing the building on December 18, 2003 in a tax foreclosure sale. The court below pursuant to a motion for summary judgment, awarded landlord possession. With respect to the eleven appellants who are named in the proceeding only as John and Jane Doe, we find that they have shown arguable merit to their appeal as to whether landlord exercised due diligence in order to ascertain the identities of these occupants as required by CPLR 1024 in order for landlord to proceed against unknown necessary parties.
However, with regard to setting a proper amount for use and occupancy, this court lacks a sufficient basis upon which to determine a fair amount. Thus, the appellant is directed to apply to fix an undertaking pursuant to CPLR 5519 (a) (6) in the court below. In setting use and occupancy, the court should consider not only the fair market value in a comparable apartment but also should consider whether the landlord is providing the appellants with appropriate services or whether the appellants are providing these services for themselves.
APPELLATE TERM: 2nd and 11th JUDICIAL DISTRICTS
| CENTRAL REALTY MANAGEMENT LLC, Respondent, -against- MALIKA ALCINDOR and/or BRIAN FLOWERS, and/or RONNIE CREWS and/or JALEELAH RAMIN and/or "JOHN DOE", "JANE DOE", Tenants, -and- PETLEY CHARLES s/h/a "JOHN DOE", Appellant. |
DECISION
Motion by appellant for stay denied without prejudice to appellant seeking a stay in the court below pursuant to CPLR 5519 (a) (6).
Landlord commenced this summary proceeding after purchasing the building on December 18, 2003 in a tax foreclosure sale. The court below pursuant to a motion for summary judgment, awarded landlord possession. With respect to the eleven appellants who are named in the proceeding only as John and Jane Doe, we find that they have shown arguable merit to their appeal as to whether landlord exercised due diligence in order to ascertain the identities of these occupants as required by CPLR 1024 in order for landlord to proceed against unknown necessary parties.