APPELLATE TERM : 9th and 10th JUDICIAL DISTRICT
| HSBC BANK USA FORMERLY KNOWN AS MARINE MIDLAND BANK, Appellant -against- JOSEPH SCHULZE A/K/A JOSEPH-THEODORE SCHULZE, Respondent. |
DECISION
Motion by defendant-respondent seeking modification of an order of this court dated September 20, 2005 denied.
APPELLATE TERM: 9th and 10th JUDICIAL DISTRICTS
| STEPHEN HEFFERING, Appellant, -against- CITY OF WHITE PLAINS, Respondent. |
DECISION
On the court's own motion, appeal dismissed.
The appeal is dismissed since no appeal lies by a defaulting party from an order entered on default.
Appellant, if it be so advised, may move to vacate the default in the court below, and if necessary, take an appeal from an order resulting in an adverse determination.
APPELLATE TERM: 9th and 10th JUDICIAL DISTRICTS
| DELTA DIAGNOSTIC RADIOLOGY, P.C. A/A/O MARILYN RIVIERE, Appellant, -against- GEICO INSURANCE CO., Respondent. |
DECISION
Motion by defendant-respondent to dismiss the appeal as untimely filed is denied (CPLR 5513 [a]; Lum v YWCA, 136 AD2d 972 [1988]; Nagin v Long Island Sav. Bank, 94 AD2d 710 [1983]).
APPELLATE TERM : 2nd and 11th JUDICIAL DISTRICTS
| DIROT REALTY CORP., Respondent, -against- AUDREY ALEXANDER, Appellant. |
DECISION
Motion by tenant-appellant for a stay is granted on condition that within 10 days from the date of the order hereon tenant deposit in the court below any and all arrears in rent and/or use and occupancy, at the rate previously payable as rent, and upon the further condition that tenant perfect the appeal by January 6, 2005; upon failure to comply with either condition, the stay is vacated without further order of this court. Tenant shall continue to pay use and occupancy to landlord as it becomes due. Upon failure of tenant to make a required payment for use and occupancy landlord may move upon 3 days' notice to vacate the stay. Tenant shall file with this court proof of deposit of any and all arrears in rent and/or use and occupancy within one business day after such deposit.
APPELLATE TERM : 2nd & 11th JUDICIAL DISTRICTS
| CONGREGATION B'NAI ISAAC OF MAPLETON PARK, INC., Respondent, -against- MERKAZ BNOS, Appellant. |
DECISION
Motion by tenant-appellant for a stay pending appeal is denied.
APPELLATE TERM : 9th and 10th JUDICIAL DISTRICTS
| 158 WILLOW STREET APARTMENTS, Respondent, -against- KIARA J. WANG, Appellant, -and- LONNIE M. SIGLER Respondent. |
DECISION
Motion by appellant for a stay pending determination of the appeal is granted on condition that within 10 days from the date of the order hereon appellant deposit the amount of the judgment in the court below with proof of the deposit to be filed with this court within one business day after such deposit, and upon the further condition that defendant perfect the appeal by January 6, 2006; upon failure to comply with either condition, the stay is vacated without further order of this court.
APPELLATE TERM: 9th and 10thJUDICIAL DISTRICTS
| THE GLEN COVE HOUSING AUTHORITY, Respondent, -against- ANN MARIE PAGAN , Appellant -and- "JOHN DOE" #1 THROUGH "JOHN DOE" #10 BEING PERSONS WHOSE REAL NAMES ARE UNKNOWN WHO MAY BE TENANTS OF THE PREMISES DESCRIBED HEREIN, Undertenants. |
DECISION
Motion by tenants-appellants for a stay of all proceedings pending determination of the appeal is denied.
On the court's own motion, the appeal is dismissed.
No appeal lies from a decision (Farag v Farag, 4 AD3d 502 [2004]). Appellants' attorney, if she be so advised, may prepare and submit a judgment and appeal therefrom.
APPELLATE TERM : 9th and 10th JUDICIAL DISTRICT
| CHARLES SPIEGEL, Appellant -against- CONTINENTAL AIRLINES, Respondent. |
DECISION
Motion by defendant-respondent for enlargement of time to submit a respondent's brief granted, and said brief should be served and filed within 14 days of the date of the order hereon. Appellant, if so advised, may serve and file a reply brief within 10 days of the date of filing of the respondent's brief.
APPELLATE TERM: 2nd and 11th JUDICIAL DISTRICTS
| FAIR PRICE MEDICAL SUPPLY, CORP. A/A/O LISA ATILLES, Appellant, -against- ELRAC INC. & ENTERPRISE RENT-A-CAR, Respondent. |
DECISION
Motion by plaintiff-appellant to stay discovery denied.
APPELLATE TERM : 2nd and 11th JUDICIAL DISTRICTS
| FAIR PRICE MEDICAL SUPPLY CORP. a/a/o JASON PONDER, Appellant, -against- ELRAC, INC. & ENTERPRISE RENT-A-CAR, Respondent. |
DECISION
Motion by plaintiff-appellant to stay discovery denied as moot.
APPELLATE TERM : 2nd and 11th JUDICIAL DISTRICTS
| FAIR PRICE MEDICAL SUPPLY CORP. AAO NATALIE GRAHAM, Appellant, -against- ELRAC, INC. & ENTERPRISE RENT-A-CAR, Respondent. |
DECISION
Motion by plaintiff-appellant to stay discovery is denied.
APPELLATE TERM : 2nd and 11th JUDICIAL DISTRICTS
| RICHARD J. BONDI & AMELIA E. BONDI, Respondents, -against- ALLSTATE INSURANCE COMPANY, Appellant. |
DECISION
On the court's own motion, appeal dismissed (Fox v T.B.S.D., Inc., 278 AD2d 612 [2000]; Vanderveer Apts. v Moore, 2 Misc 3d 132[A], 2004 NY Slip Op 50123[U] [App Term, 2d & 11th Jud Dists]; Scott v Mellen, NYLJ Dec. 14, 2000 [App Term, 2d & 11th Jud Dists]).
APPELLATE TERM : 2nd and 11th JUDICIAL DISTRICTS
| FORTUNE MEDICAL, P.C. AAO GERSHON AIZIKOWICH, Appellant, -against- METROPOLITAN DIRECT PROPERTY & CASUALTY INS. CO., Respondent. |
DECISION
Motion by defendant-respondent to dismiss the appeal as untimely filed is denied (CPLR 5513 [a]; Lum v YWCA, 136 AD2d 972 [1988]; Nagin v Long Island Sav. Bank, 94 AD2d 710 [1983]).
APPELLATE TERM : 2nd & 11th JUDICIAL DISTRICTS
| MICHAEL HARRINGTON, Appellant, -against- PRICELINE.COM INC., Respondent. |
DECISION
On the court's own motion, appeal is dismissed.
No appeal lies from a decision (Szulc v Bateman, 21 AD3d 479 [2005]). Moreover, even if the subject decision could be deemed an order, no appeal lies from an order in a small claims action where the only result of said order is that the matter must proceed to trial (Jaysons Interiors v Leopold, 158 Misc 2d 994 [1993]).
APPELLATE TERM: 2nd and 11th JUDICIAL DISTRICTS
| FOREST HILLS MEDICAL SERVICES, P.C., Appellant, -against- AVRIL GRAHAM and GARY GRAHAM, Respondents. |
DECISION
Motion by plaintiff-appellant to stay trial pending determination of the appeal is granted on condition appellant perfects the appeal by January 6, 2006; otherwise stay is vacated without further order of this court.