APPELLATE TERM : 2nd and 11th JUDICIAL DISTRICTS
| STARRETT CITY, INC., Respondent, -against- APRIL GRANTHAM, Appellant, -and- "JOHN DOE" and "JANE DOE", Undertenants. |
DECISION
Motion by tenant, in essence, to vacate dismissal of the appeal and for an enlargement of time to perfect appeal is granted, stay in accordance with this court's order of January 14, 2005 reinstated, and appeal shall be perfected by February 3, 2006; otherwise appeal dismissed.
APPELLATE TERM : 2nd and 11th JUDICIAL DISTRICTS
| ENOCH ELIE and DEBBIE ELIE, Respondents, -against- WINJOHN LLOYD GAYLE, WINJOHN TAXI CORP., Defendants, -and- THE CITY OF NEW YORK, Appellant. |
DECISION
Motion by defendant-appellant for reargument or, in the alternative, for leave to appeal to the Appellate Division, denied in all respects.
APPELLATE TERM : 2nd and 11th JUDICIAL DISTRICTS
| DAVID HAMILTON AND PATRICIA HAMILTON, Respondents, -against- MENALON REALTY, LLC, THEORDORE BOUZALAS, ELENI KAMBESELES AND ISMINI BOUZALAS, Appellants, -and- THE DEPARTMENT OF HOUSING PRESERVATION AND DEVELOPMENT, Respondent. |
DECISION
Motion by tenants-respondents to dismiss appeal for failure to prosecute is granted.
APPELLATE TERM : 9th and 10th JUDICIAL DISTRICTS
| THE PEOPLE OF THE STATE OF NEW YORK, Respondent, -against- ANDREA CHALLENGER-HINDS, Appellant. |
DECISION
That branch of the motion by defendant-appellant for poor person relief is granted and Legal Aid Society of Nassau County is assigned.
That branch of the motion for an enlargement of time to perfect appeal is granted and appeal shall be perfected by March 3, 2006; otherwise appeal dismissed.
Appellant's time to file an affidavit of errors, if necessary, is extended 30 days from the date of this order.
The stenographer of the trial court shall promptly make, certify and file two typewritten transcripts of the minutes of all proceedings with the clerk of the trial court, who is directed to furnish without charge one copy to the attorney, who is now assigned as counsel to prosecute the appeal, and
Assigned counsel shall serve a copy of the transcript upon the District Attorney and proof of service shall be filed simultaneously with the service of appellant's brief, same to be returned upon argument or submission of the appeal. The clerk is further directed to file the second copy of the transcript with the record, which shall then be filed with this court, and
Upon service of a copy of this decision and order upon it, the Department of Probation is hereby authorized and directed to provide assigned counsel with a copy of the pre-sentence report prepared in connection with the defendant's sentencing, including the recommendation sheet and any prior reports on the defendant which are incorporated or referred to in the report.
APPELLATE TERM : 2nd and 11th JUDICIAL DISTRICTS
| WATERWAY DEVELOPMENT, LLC., Respondent, -against- TAMIKA JOHNSON, Appellant. |
DECISION
Motion by tenant-appellant to be restored to possession of the premises and to stay reletting is denied as moot.
On the court's own motion, appeal is dismissed.
Pursuant to a stipulation of settlement entered on October 27, 2005, the parties have agreed to immediately restore the tenant to possession of the premises and tenant-appellant has signed a stipulation withdrawing her appeal.