APPELLATE TERM : 2nd and 11th JUDICIAL DISTRICTS
| SONIA SANTOS, Respondent, -against- GEORGE STAPLES AND JOSIE STAPLES, Appellants, -and- "JOHN DOE" and "JANE DOE", Undertenants. |
DECISION
Motion by tenants-appellants to reinstate and continue the stay contained in the order of this court dated August 15, 2002 is granted on condition that tenants perfect the appeal by January 7, 2005; otherwise, stay is vacated without further order of this court. Tenants shall comply with all the other conditions contained in the order of this court dated August 15, 2002.
APPELLATE TERM : 2nd and 11th JUDICIAL DISTRICTS
| INOCENCIO A. SOTO, Appellant, -against- ESTATE OF CRISTOBAL PEREZ, A/K/A CRISTOBAL PEREZ JR. DECEASED, Respondent, -and- JUSTIN LEVINE, Defendant. |
DECISION
Motion by defendants-respondents seeking an enlargement of time to service a respondents' brief granted and said brief shall be served and filed within 21 days of the order hereon.
APPELLATE TERM : 2nd and 11th JUDICIAL DISTRICTS
| FREDDIE JENKINS, Respondent, -against- FIELDBRIDGE ASSOCIATES, LLC, Appellant. |
DECISION
Motion by defendant-appellant, seeking, in essence, to vacate
dismissal of the appeal is granted on condition the appeal is perfected by January 7, 2005; otherwise, motion denied.
APPELLATE TERM : 9th and 10th JUDICIAL DISTRICTS
| JEFFREY I. KLEIN, Appellant, -against- WALTER EIDELKIND, BERNARD EISEN, and GERALD WEIR, doing business as CAPITAL RESOURCES JOINT VENTURE, Respondent. |
DECISION
Motion by defendant-respondent, Capital Resources Joint Venture, for an enlargement of time to submit a respondent's brief granted and said brief shall be served and filed by it within 21 days of the date of the order hereon.
APPELLATE TERM: 2nd and 11th JUDICIAL DISTRICTS
| THE NEIGHBORHOOD PARTNERSHIP HOUSING DEVELOPMENT FUND COMPANY, INC., Respondent, -against- CYRIL OKOLIE, Appellant, -and- AMIGO COMPANY RETAIL DRY CLEANING; BENDEL HOLDING CO., s/h/a "ABC" CORP.; "JOHN DOE" & "JANE DOE", Undertenants. |
DECISION
On the court's own motion, landlord-respondent's motion and tenant's cross motion returnable on August 4, 2004 and tenant-appellant's motion returnable September 22, 2004, are hereby consolidated for purposes of disposition.
Motion by tenant-appellant for a stay pending appeal is granted on condition the appeal is perfected by January 7, 2005; otherwise stay vacated without further order of this court.
Motion by tenant-appellant to dismiss landlord's motion and for ancillary relief is denied.
Motion by landlord-respondent to dismiss the appeal from the order dated March 18, 2004 is denied (see CPLR 5520[a]) and on the court's own motion, appellant is granted an extension of time for curing his omission pursuant to CPLR 5520 (a), on condition that he serves on respondent a notice of appeal within 30 days from the order hereon.
APPELLATE TERM : 9th and 10th JUDICIAL DISTRICTS
| THELMA JO GRACE, Appellant, -against- BRANDON SALL, Respondent, -and- ANKER MANAGEMENT, VERNON MANOR COOP SECTION I and RICHARD McCULLOUGH, Defendants. |
DECISION
Motion by defendant-respondent to dismiss the appeal is denied on condition that the appeal is perfected by January 7, 2005; otherwise motion granted and appeal dismissed.
APPELLATE TERM : 9th and 10th JUDICIAL DISTRICTS
| JEAN C. LEONARD, Respondent, -against- DECIDED KAREN WASSER, Appellant. |
DECISION
That branch of the motion by tenant-appellant for a stay of all proceedings pending determination of the appeal is denied.
That branch of the motion for poor person relief is denied without prejudice to renewal upon proper notice.
Tenant has vacated the premises rendering her application for a stay moot.
With regard to poor person relief, absent is an affidavit of service showing service of motion papers on the county attorney in the county in which the action is triable as mandated by CPLR 1101(c).