APPELLATE TERM : 2nd and 11th JUDICIAL DISTRICTS
| 2691 HYLAN BOULEVARD LLC., Respondent, -against- STATEN ISLAND UNIVERSITY HOSPITAL, Appellant. |
DECISION
Motion by respondent-appellant for leave to appeal to the Appellate Division and other relief denied in all respects.
APPELLATE TERM : 2nd and 11th JUDICIAL DISTRICTS
| KEYSTONE TOWERS LLC, Respondent, -against- ERNEST BASTIEN, Appellant. |
DECISION
Motion by tenant-appellant to reinstate and continue the stay contained in the order of this court dated August 22, 2005, is granted on condition that tenant perfects the appeal by February 3, 2006; otherwise stay is vacated without further order of this court. Tenant shall continue to comply with all the other conditions contained in the order of this court dated August 22, 2005.
APPELLATE TERM: 2nd and 11th JUDICIAL DISTRICTS
| MOHAMMED M. SAAD, Appellant, -against- MARGARET ELMUZA, Respondent. |
DECISION
Motion by respondent for an enlargement of time to submit a respondent's brief granted and said brief shall be served and filed within 21 days from the date of the order hereon. Petitioner, if he be so advised, may serve and file a reply brief within 14 days of the date of the filing of the respondent's brief.
APPELLATE TERM : 2nd and 11th JUDICIAL DISTRICTS
| CAREPLUS MEDICAL SUPPLY INC. a/a/o Eddy Dautruche, Guirlande Prinston, Appellant, -against- NEW HAMPSHIRE INDEMNITY COMPANY, INC., Respondent. |
DECISION
Motion by defendant-respondent to dismiss appeal for failure to prosecute is denied on condition that the appeal is perfected by February 3, 2006; otherwise motion granted and appeal dismissed.
APPELLATE TERM: 9th and 10th JUDICIAL DISTRICTS
| ALLEN COHEN and CHACKO VARGHESE, Respondents, -against- HENRY GOLDMAN and DIANE GOLDMAN, Appellants. |
DECISION
Motion by tenants-appellants for a stay is denied.
APPELLATE TERM : 9th and 10th JUDICIAL DISTRICTS
| THE CASCONE FAMILY TRUST, Respondent, -against- BUELLE McQUAY JR., LINDA DRALLE and DONALD McQUAY, Appellants. |
DECISION
Motion by tenants-appellants for a stay pending appeal is denied.
APPELLATE TERM : 2nd and 11th JUDICIAL DISTRICTS
| 4G REALTY LLC, Appellant, -against- FRANK VITULLI, Respondent. |
DECISION
On the court's own motion appeal dismissed.
No appeal as of right lies from an order which directs a judicial hearing to aid in the disposition of a motion. Such an order does not decide the motion and affects no substantial right (D'Agnese v Spinelli, 308 AD2d 561, 562 [2003]; Berliner v Berliner, 294 AD2d 524, 525 [2002]; Palma v Palma, 101 AD2d 812 [1984]; see 4G Realty v Vitulli, 2 Misc 3d 29, 31 [App Term, 2d & 11th Jud Dists 2003]).
APPELLATE TERM: 9th and 10th JUDICIAL DISTRICTS
| THE PEOPLE OF THE STATE OF NEW YORK, Respondent, -against- NOs. JOHN STANLEY BRYANT, Appellant. |
DECISION
Motion by assigned counsel, Gerald Zuckerman, to be relieved of representing the defenant-appellant on appeal and, in essence, to dismiss the appeal as abandoned is granted (see People v Cullum, 170 AD2d 524 [1991]; People v Jinks, 140 AD2d 371, 372 [1988]).
APPELLATE TERM: 9th and 10th JUDICIAL DISTRICTS
| THE PEOPLE OF THE STATE OF NEW YORK, Respondent, -against- NOs. JOHN STANLEY BRYANT, Appellant. |
DECISION
Motion by assigned counsel, Gerald Zuckerman, to be relieved of representing the defenant-appellant on appeal and, in essence, to dismiss the appeal as abandoned is granted (see People v Cullum, 170 AD2d 524 [1991]; People v Jinks, 140 AD2d 371, 372 [1988]).
APPELLATE TERM : 2nd and 11th JUDICIAL DISTRICTS
| PAUL CHAMBERS, Respondent, -against- ROBERT CHAN and JIMMY K. MOY, Appellants. |
DECISION
That branch of the motion by defendants-appellants to enlarge the record on appeal so as to include the logbook of the process server or photographs thereof is granted.
That branch of the motion for an enlargement of time to perfect appeal is granted and appeal shall be perfected by February 3, 2006; otherwise appeal dismissed.
APPELLATE TERM : 9th and 10th JUDICIAL DISTRICTS
| THE PEOPLE OF THE STATE OF NEW YORK, Respondent, -against- MICHAEL A. SMITH, Appellant. |
DECISION
Motion by assigned counsel, Gerald Zuckerman, to be relieved of representing the defendant-appellant on appeal is granted.
Cross motion by the People to dismiss the appeal as abandoned is granted (see People v Cullum, 170 AD2d 524 [1991]; People v Jinks, 140 AD2d 371, 372 [1988]).
APPELLATE TERM : 2nd and 11th JUDICIAL DISTRICTS
| STATE FARM MUTUAL AUTOMOBILE INSURANCE CO., Appellant, -against- DANIEL R. MARTINEZ, Respondent. |
DECISION
Motion by defendant-appellant is granted to the extent of vacating dismissal of the appeal on condition that the appeal is perfected by February 3, 2006; otherwise motion denied.
APPELLATE TERM : 2nd and 11th JUDICIAL DISTRICTS
| DAVID FRIEDMAN AND RACHEL FRIEDMAN, A N.Y. LIMITED LIABILITY COMPANY, Respondents, -against- BEN "BENJAMIN" EISNER, Appellant, -and- "JANE DOE" EISNER, Undertenant. |
DECISION
Motion by tenants-appellants to reinstate and continue the stay contained in the order of this court dated September 23, 2005, is granted on condition that within 10 days from the date of the order hereon tenants deposit with the court below any and all arrears in rent and/or use and occupancy from July 2005 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. 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 : 2nd and 11th JUDICIAL DISTRICTS
| MICHELL FERREIRA, Respondent, -against- RANDOLPH WARREN "JOHN DOE" and "JANE DOE", Appellants. |
DECISION
Motion by landlord-respondent to vacate the stay is granted.