APPELLATE TERM : 2nd and 11th JUDICIAL DISTRICTS
| LAWRENCE KULAK, Respondent-Appellant, -against- MEIR BARBER SHOP, Appellant-Respondent, -and- BORIS KIKIS, Defendant. |
DECISION
Motion by respondent to stay all proceedings pending determination of the appeal is granted.
APPELLATE TERM : 9th and 10th JUDICIAL DISTRICTS
| EVANGELINE HANDY, As Assignee of MARION E. HANDY, Respondent, -against- MIRIAM DEVELOPMENT and YEZOL, INC., Appellants, -and- ILLAN COHEN, Defendant. |
DECISION
Motion by plaintiff-respondent for an enlargement of time in which to submit a respondent's brief is granted, and said brief shall be served and filed within 30 days of the date of the order hereon.
Defendants, if they be so advised, may serve and file a reply brief within 14 days of the filing of respondent's brief.
APPELLATE TERM: 2nd and 11th JUDICIAL DISTRICTS
| DAYTON TOWERS CORP., Respondent, -against- DE VONA GETHERS, Appellant. |
DECISION
That branch of the motion by landlord-respondent seeking leave to appeal to the Appellate Division, Second Department, from an order of this court dated June 4, 2004 granted.
That branch of the motion seeking leave to appeal to said court from a decision of this court dated June 10, 2004 denied.
An appeal properly lies only from the order and not from the decision (CPLR 5703 [a]; Greenfield v Tassinari, 8 AD3d 539 [2004]).
APPELLATE TERM : 9th and 10th JUDICIAL DISTRICTS
| HERTZBERG & SANCHEZ P.C., Appellant, -against- FRIENDSHIP DAIRIES INC. f/k/a FRIENDSHIP FOOD PRODUCTS INC., Respondent. |
DECISION
Motion by plaintiff-appellant for an enlargement of time to perfect appeal is granted on condition the appeal is perfected by March 4, 2005; otherwise appeal dismissed.
APPELLATE TERM : 9th and 10th JUDICIAL DISTRICTS
| OCEAN DIAGNOSTIC IMAGING P.C. a/a/o Daniel Khalif, Appellant, -against- DECIDED GEICO CASUALTY INSURANCE COMPANY, Respondent. |
DECISION
Motion by plaintiff-appellant seeking, in essence, to vacate dismissal of the appeal is granted on condition the appeal is perfected by March 4, 2005; otherwise motion denied.
APPELLATE TERM : 9th and 10th JUDICIAL DISTRICTS
| CAREPLUS MEDICAL SUPPLY INC., a/a/o Paul Anderson and Alicia Prince, Appellant, -against- UTICA MUTUAL INSURANCE COMPANY, Respondent. |
DECISION
Motion by plaintiff-appellant seeking, in essence, to vacate dismissal of the appeal is granted on condition the appeal is perfected by March 4, 2005; otherwise motion denied.
APPELLATE TERM: 9th and 10th JUDICIAL DISTRICTS
| 7 HIGHLAND MANAGEMENT CORP., Respondent, -against- MARY McCRAY, Appellant. |
DECISION
Motion by tenant-appellant for a stay pending appeal is granted on condition that the appeal is perfected by March 4, 2005; 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 tenant's share of the Section 8 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.