SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM : 2nd and 11th JUDICIAL DISTRICTS

PRESENT: PESCE, P.J., GOLIA and RIOS, JJ.

NO. 2003-485 Q C
AHMED SHAKIRNARDI,

Respondent,

-against-


THOMAS J. DEBERRY and DAVID DRAYTON,

Appellants.

DECISION

That branch of the motion by landlord-respondent to dismiss appeal for failure to prosecute is granted.

That branch of the motion by landlord-respondent to release funds deposited with the court below is also granted.





SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM : 2nd and 11th JUDICIAL DISTRICTS

PRESENT: PESCE, P.J., GOLIA and RIOS, JJ.

NO. 2003-1792 K C
A.B. MEDICAL SERVICES PLLC
ROYALTON CHIROPRACTIC P.C.
a/a/o Svetlana Makaritcheva
and Boris Bobyr,

Appellant,

-against-


NEW YORK CENTRAL MUTUAL
FIRE INSURANCE COMPANY,

Respondent.

DECISION

Motion by plaintiffs-appellants for enlargement of time to submit a reply brief granted, and said brief shall be filed and served by them within 14 days from the date of the order hereon.





SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM : 2nd and 11th JUDICIAL DISTRICTS

PRESENT : PESCE, P.J., GOLIA and RIOS, JJ.

NO.2004-510 Q C
BAYWOOD, INC.,

Respondent,

-against-

CELLULAR WAREHOUSE, INC.,

Appellant.

DECISION

Motion by tenant-appellant to reinstate and continue the stay contained in the order of this court dated May 26, 2004, is granted on condition that tenant perfects the appeal by January 7, 2005; otherwise stay is vacated without further order of this court. Tenant shall within 10 days of the order hereon pay landlord any and all arrears and comply with all the other conditions contained in the order of this court dated May 26, 2004.





SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM: 9th and 10th JUDICIAL DISTRICTS

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

NO. 2004-686 S C
SPRING CLOSE, LLC,

Appellant,

-against-

PLAYERS RESTAURANT GROUP, INC.,

Respondent.

DECISION

Motion by tenant-respondent's attorney to withdraw as appellate counsel granted. The appeal is stayed for 60 days from the date of the order hereon to permit tenant-respondent to obtain new counsel, if it be so advised, and to serve and file a respondent's brief.



SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM: 2nd and 11th JUDICIAL DISTRICTS

PRESENT: PESCE, P.J., ARONIN and PATTERSON , JJ.

NO. 2004-1159 K C
3601 AVENUE J INC.,

Respondent,

-against-

NANCY KETTRLES,

Appellant.

DECISION

Motion by tenant-appellant for a stay pending appeal is granted on condition that the appeal is perfected by January 7, 2005; otherwise stay vacated. Tenant is directed to pay to landlord the amount of $4,971.00 representing all arrears and rent owed through October, 2004, within 10 days from the date of this order and to continue to pay landlord use and occupancy at a monthly rate of $850 as it becomes due. Upon failure of tenant to make a required payment, landlord may move upon 3 days' notice to vacate the stay.