APPELLATE TERM : 9th and 10th JUDICIAL DISTRICTS
| SUNHEE MOON, Respondent, -against- DAVOUD KHAZRAIE, Appellant. |
DECISION
Motion by plaintiff-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 respondent's brief.
APPELLATE TERM : 9th and 10th JUDICIAL DISTRICT
| DAIMLER CHRYSLER SERVICES NORTH AMERICA, LLC, Appellant, -against- ELLIOT S. LEVINE, Respondent, -and- GLOBAL TRAINING SYSTEMS, INC., Defendant. -------------------------------------------------------------------------------------------x ELLIOT S. LEVINE, Third Party Plaintiff, -against- CARL SIMMONS, Defendant. |
DECISION
Motion by defendant-respondent for enlargement of time to submit a respondent's brief granted, and said brief shall 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 : 9th & 10th JUDICIAL DISTRICTS
| THE PEOPLE OF THE STATE OF NEW YORK, Respondent, -against- THE BRONX DELI and ANDREW CATTRAPPO, Appellant. |
DECISION
Motion, by defendants-appellants seeking to compel the court below to file a return is granted and the court below shall within 21 days of service by defendants upon it of copies of the affidavit of errors and the order hereon, file with the clerk of this court the affidavit of errors and the court's return (CPL 460.10[3][d] [e]).
APPELLATE TERM: 9th and 10th JUDICIAL DISTRICTS
| DAVID SMITH, Respondent, -against- COUNTRY SERVICE, INC., Appellant. |
DECISION
Motion by tenant-appellant is granted to the extent of granting a stay of enforcement of the final judgment pending appeal on condition that the appeal is perfected by February 3, 2006; otherwise stay 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: 9th and 10th JUDICIAL DISTRICTS
| JANIS DIGENNARO, Respondent, -against- H.G. SCHMID, individually and d/b/a KEMP REALTY and KEMPTON REALTY, INC., Appellants. |
DECISION
Motion by defendants-appellants to stay order of the court below dated June 30, 2005 is granted on condition that within ten days of this order defendants deposit the sum of $1,150.00 with the court below and perfect the appeal by February 3, 2006; otherwise stay vacated without further order of this court.
APPELLATE TERM : 9th and 10th JUDICIAL DISTRICTS
| V & J INC., Respondent, -against- 2320 ROUTE 112, LLC, Appellant. |
DECISION
Motion by tenant-appellant for a stay pending appeal is granted on condition that within 10 days from the date of the order hereon tenant deposit with the court below the amount of the judgment, and any and all arrears in rent and/or use and occupancy at the rate previously payable as rent, and continue to deposit into court use and occupancy at a like rate as the same becomes due and upon the further condition that the appeal is perfected by February 3, 2006; upon failure to comply with any condition, the stay is vacated without further order of this court. Tenant shall file with this court proof of deposit of the judgment and any and all arrears in rent and/or use and occupancy within one business day after such deposit.