APPELLATE TERM: 2nd and 11th JUDICIAL DISTRICTS
| EDWARD ROTH, Respondent, -against- CORVETTES FIBERGLASS REPAIR INC., Appellant. |
DECISION
Motion by plaintiff-respondent to dismiss appeal for failure to prosecute is denied on condition that the appeal is perfected by February 4, 2005; otherwise motion granted and appeal dismissed.
APPELLATE TERM : 2nd and 11th JUDICIAL DISTRICTS
| RAJEEV PANDYA, Respondent, -against- YURIY KOROLEV and ELENA SOKOLOVA, Appellants. |
DECISION
Motion by tenants-appellants 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 tenants perfect the appeal by March 4, 2005; upon failure to comply with either condition, the stay is vacated without further order of this court. Tenants shall continue to pay use and occupancy to landlord as it becomes due. Upon failure of tenants to make a required payment for use and occupancy landlord may move upon 3 days' notice to vacate the stay. Tenants 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 : 9th and 10th JUDICIAL DISTRICTS
| LANDMARK PROPERTIES, Respondent, -against- EDWARD OLIVO and IRINA GERMANOVA, Appellants. |
DECISION
Motion by tenant-appellant Edward Olivo for a stay pending appeal is granted on condition that the appeal is perfected by March 4, 2005; otherwise stay is vacated. Tenant is directed to pay to landlord any and all arrears in rent and/or use and occupancy at the rate previously payable as rent 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.
APPELLATE TERM : 2nd and 11th JUDICIAL DISTRICTS
| S & M SUPPLY INC. a/a/o Clara Suckragh Peter Suckragh, Appellant, -against- PROGRESSIVE INSURANCE CO., Respondent. |
DECISION
Motion by plaintiff-appellant seeking, in essence, to vacate dismissal of the appeal is granted on condition that the appeal is perfected by March 4, 2005; otherwise motion denied.
APPELLATE TERM : 2nd and 11th JUDICIAL DISTRICTS
| THE CAREPLUS MEDICAL SUPPLY INC. a/a/o Isabel Cedeno, Rosa Motato, Maria Briones, Appellant, -against- THE TRAVELER HOME AND MARINE INSURANCE COMPANY A/K/A TRAVELERS PROPERTY CASUALTY CORPORATION, Respondent. |
DECISION
Motion by respondent for an extension 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 so advised, may serve and file a reply brief within 14 days of the filing of the respondent's brief.
APPELLATE TERM: 2nd and 11th JUDICIAL DISTRICTS
| LESLIE L. CSELLE, Respondent, -against- PAUL B. DALNOKY, 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 February 4, 2005; otherwise motion denied.
APPELLATE TERM : 2nd and 11th JUDICIAL DISTRICTS
| BARRY E. KUCHER, Appellant, -against- DAIMLERCHRYSLER CORPORATION and BAYSIDE CHRYSLER PLYMOUTH JEEP, INC., Respondents. |
DECISION
Motion by the office of Eliot Spitzer, Attorney General of the State of New York, for leave to appear as amicus curiae and to submit a brief as amicus curiae is granted, on condition that the brief is served and filed within 21 days from the order hereon.
APPELLATE TERM : 2nd and 11th JUDICIAL DISTRICTS
| CARROLL STREET PROPERTIES, Appellant, -against- JOHN PUENTE and KESHON PUENTE, Respondents. |
DECISION
Motion by landlord-appellant seeking, in essence, to vacate dismissal of the appeal is granted on condition that the appeal is perfected by March 4, 2005; otherwise motion denied.
APPELLATE TERM : 2nd and 11th JUDICIAL DISTRICTS
| JESUS H. MARIN, Respondent, -against- IRIS MARMOLEJOS, Appellant. |
DECISION
Motion by plaintiff-respondent to dismiss the appeal as untimely is denied (CPLR 5513[a]; CCA 1703 [b]).
Movant has failed to specify the date on which service of a copy of the judgment appealed from was made upon appellant.