APPELLATE TERM : 9th and 10th JUDICIAL DISTRICTS
| THE PEOPLE OF THE STATE OF NEW YORK, Respondent, -against- EMMA TOLLINCHI, Appellant. |
DECISION
Motion by defendant-appellant to vacate dismissal of the appeal denied as academic.
A prior order of this court dated November 3, 2005 has granted defendant-appellant the relief requested herein.
APPELLATE TERM : 9th and 10th JUDICIAL DISTRICTS
| COUNTY OF SUFFOLK, Appellant, -against- WILLIAM J. McSHANE, LONG ISLAND JET CENTER, INC. as principal Tenants and ROBERT CALCAVELLA d/b/a OMNI ORDINANCE, ENTERPRISE RENT-A-CAR, "JOHN DOE" and "JANE DOE", Respondents. |
DECISION
Motion by tenants-respondents to dismiss the appeal as untimely is denied (CPLR 5513 [a]).
APPELLATE TERM : 2nd and 11th JUDICIAL DISTRICTS
| AMAZE MEDICAL SUPPLY, INC. AAO MIGUEL GONZALEZ, Appellant, -against- NEW YORK CENTRAL MUTUAL FIRE INSURANCE COMPANY, Respondent. |
DECISION
Motion by plaintiff-appellant to stay all proceedings pending determination of the appeal is granted on condition that the appeal is perfected by January 6, 2006; otherwise, motion denied.
APPELLATE TERM : 9th and 10th JUDICIAL DISTRICTS
| COMMUNITY HOUSING INNOVATIONS, INC. Respondent, -against- SUSAN FRANKLIN & PATRICK FRANKLIN, Appellants. |
DECISION
That branch of the motion by tenants-appellants for a stay pending appeal is granted on condition that the appeal is perfected by January 6, 2006; otherwise stay vacated. Tenants are directed to pay to landlord any and all arrears in rent and/or use and occupancy at the rate of $657.04 from September 1, 2005, 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.
That branch of the motion for poor person relief is granted.
APPELLATE TERM : 9th and 10th JUDICIAL DISTRICTS
| THE PEOPLE OF THE STATE OF NEW YORK, Respondent, -against- SHAWN WEST, Appellant. |
DECISION
Motion by defendant-appellant for leave to appeal, poor person relief and assignment of counsel is denied.
Absent is an affidavit of service showing service of the motion papers.
Moreover, movant has failed to set forth any basis upon which leave to appeal should be granted.
APPELLATE TERM : 9th and 10th JUDICIAL DISTRICTS
| THE PEOPLE OF THE STATE OF NEW YORK, Respondent, -against- THOMAS GRECO, Appellant. |
DECISION
Motion by defendant-appellant to vacate dismissal of the appeal is granted on condition that the appeal is perfected by January 6, 2006; otherwise motion denied.
APPELLATE TERM: 9th and 10th JUDICIAL DISTRICTS
| THE PEOPLE OF THE STATE OF NEW YORK, Respondent, -against- HOWARD B. JOHNSON, Appellant. |
DECISION
Motion by defendant-appellant to vacate dismissal of the appeal is granted on condition that the appeal is perfected by December 2, 2005; otherwise motion denied.
APPELLATE TERM : 9th and 10th JUDICIAL DISTRICTS
| THE PEOPLE OF THE STATE OF NEW YORK, Respondent, -against- DAVID C. BELL, Appellant. |
DECISION
Motion by defendant-appellant for an enlargement of time to perfect the appeal is granted and the appeal shall be perfected by December 2, 2005; otherwise appeal dismissed.
APPELLATE TERM : 9th and 10th JUDICIAL DISTRICTS
| GILMA GODOY, Appellant, -against- STRATFORD GREEN MGMT. LLC, Respondent. |
DECISION
Motion by plaintiff-appellant for an enlargement of time to serve and file a reply brief denied.
APPELLATE TERM : 9th and 10th JUDICIAL DISTRICTS
| THE PEOPLE OF THE STATE OF NEW YORK, Respondent, -against- TARAS NEZNANYJ, Appellant. |
DECISION
Motion by the People as the respondent for an enlargement of time to file and serve a respondent's brief is granted and the brief shall be filed and served within 21 days of the order hereon. Appellant, if so advised, may file and serve a reply brief within 14 days after the filing of the respondent's brief.
APPELLATE TERM : 9th and 10th JUDICIAL DISTRICTS
| THE PEOPLE OF THE STATE OF NEW YORK, Respondent, -against- GLENN VICKERS BEY, Appellant. |
DECISION
Motion by defendant-appellant seeking, in essence, to vacate dismissal of the appeal is granted on condition that the appeal is perfected by December 2, 2005; otherwise motion denied.
APPELLATE TERM : 2nd and 11th JUDICIAL DISTRICTS
| CYRILLA BURKE , Respondent, -against- CAROLINE PERSON Appellant. |
DECISION
Motion by plaintiff-appellant is granted to the extent of granting poor person relief.
Pro se appellant, if she is so advised, may seek counsel through Legal Services.
APPELLATE TERM : 2nd and 11th JUDICIAL DISTRICTS
| OCEAN DIAGNOSTIC IMAGING P.C., a/a/o KYLETIA QUICK, JULIO DIAZ, LATOYA PATTERSON, FLORENTINE FRITZ, Appellant, -against- ALLSTATE INSURANCE COMPANY, Respondent. |
DECISION
Motion by defendant-respondent to dismiss the appeal as untimely is granted (CPLR 5513[a]).