SUPREME COURT OF THE STATE NEW YORK

APPELLATE TERM : 2nd and 11th JUDICIAL DISTRICTS

PRESENT : PESCE, P.J., WESTON PATTERSON and GOLIA, JJ.

NO. 2005-537 K C
MARIE ASPILAIRE,

Respondent,

-against-

MARIE ST. LOUIS,

Appellant.

DECISION

Motion by tenant-appellant to continue the stay contained in the order of August 8, 2005, is denied.





SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM : 2nd and 11th JUDICIAL DISTRICTS

PRESENT: PESCE, P.J., WESTON PATTERSON and GOLIA, JJ.

NO. 2005-1328 K C
VISTA SURGICAL SUPPLIES, INC.,
AAO JOHN HUGGINS,

Appellant,

-against-


METROPOLITAN PROPERTY & CASUALTY INSURANCE CO.,

Respondent.

DECISION

Motion by defendant-respondent to dismiss the appeal as untimely filed is denied (CPLR 5513 [a]; Lum v YWCA, 136 AD2d 972 [1988]; Nagin v Long Island Sav. Bank, 94 AD2d 710 [1983]).





SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM: 2nd and 11th JUDICIAL DISTRICTS

PRESENT : PESCE, P.J., WESTON PATTERSON and GOLIA, JJ.

NO. 2005-1476 Q C
MICHAEL NAKAMURA,

Appellant,

-against-

CARLTON CONSULTING CORP.,

Respondent.

DECISION

Motion by plaintiff-appellant for a stay pending the determination of the appeal is granted.





SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM : 2nd and 11th JUDICIAL DISTRICTS

PRESENT: PESCE, P.J., WESTON PATTERSON and GOLIA, JJ.

NO. 2005-1477 Q C
ELIZABETH COLON,

Respondent,

-against-


NEW YORK CENTRAL MUTUAL
FIRE INSURANCE COMPANY,

Appellant.

DECISION

That branch of plaintiff-respondent's motion seeking to dismiss appeal granted.

That branch of the motion seeking sanctions denied.





SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM : 2nd and 11th JUDICIAL DISTRICTS

PRESENT : PESCE, P.J., WESTON PATTERSON and BELEN, JJ.

NO. 2005-1479 Q C
HOME BUYERS OF AMERICA INC.,

Respondent,

-against-


NANCY SOTOMAYOR,

Appellant,

-and-

TIMOTHY BROWN,

Respondent.

DECISION

Motion by tenants-appellants for a stay pending appeal is denied.





SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM: 2nd and 11th JUDICIAL DISTRICTS

PRESENT : PESCE, P.J., GOLIA and BELEN, JJ.

NO. 2005-1606 K C
WATERSVIEW OWNERS, INC.,

Respondent,

-against-

SAVERIA PACIMEO
and MARIA S. ROSE,

Appellants.

DECISION

Motion by tenant-appellant Maria S. Rose for a stay pending appeal is granted to the extent of staying further execution of the judgment, reletting of the premises and removal of tenant-appellant's possessions on condition that the appeal is perfected by January 6, 2006; upon failure to comply, the stay is vacated without further order of this court.

It is noted that Saveria Pacimeo died prior to the commencement of the summary proceeding and her estate was never joined or served (see 100 W. 72nd St. Assoc. v Murphy, 144 Misc 2d 1036 [1989]).