APPELLATE TERM : 2nd and 11th JUDICIAL DISTRICTS
| NURUL WAHID, Appellant, -against- THE BROOKLYN CALEDONIA HOSPITAL, s/h/a BROOKLYN HOSPITAL CALEDONIAN HOSPITAL, Respondent. |
DECISION
Motion by defendant-respondent to dismiss the appeal is denied on condition that the appeal is perfected by June 4, 2004; otherwise motion granted and appeal dismissed.
Cross motion by plaintiff-appellant pursuant to CPLR 5520(c) to treat notice of appeal as valid is granted, and notice of appeal is deemed valid in the interests of justice.
APPELLATE TERM : 2nd and 11th JUDICIAL DISTRICTS
| ABDUS SHAHID and HALIMA ANSARI, Appellants, -against- JESUS ROSADO, "JOHN DOE" and "JANE DOE", Respondents. |
DECISION
Motion by tenants-respondents for leave to reargue or, in the alternative, for leave to appeal to the Appellate Division denied.
APPELLATE TERM: 2nd and 11th JUDICIAL DISTRICTS
| 4301 REALTY LLC, Respondent, -against- TAMARA YUROVSKAYA, Appellant. |
DECISION
Motion by tenant-appellant for a stay pending appeal is granted on condition that the appeal is perfected by June 4, 2004; otherwise stay vacated. Tenant is directed to pay to landlord her share of any and all arrears in rent and/or use and occupancy at the rate of $122 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
| THE SECRETARY OF HOUSING and URBAN DEVELOPMENT, Respondent, -against- FREEDLINE LEMAIRE, Appellant, -and- KENYA FLOOD, DAVID METELLUS S/H/A "JOHN DOE", "JOHN DOE" and "JANE DOE", Undertenants. |
DECISION
That branch of the motion by landlord-respondent seeking to vacate a stay pending determination of the appeal denied as academic.
Those branches of motion seeking to expedite the appeal, and for other relief, also denied.
The aforementioned stay provided for vacatur without further order of this court upon tenants-appellants' failure to comply with its terms.
APPELLATE TERM : 2nd and 11th JUDICIAL DISTRICTS
| HAZELANN SMITH-REYES, C/O MRS. SHEILA BAKER, Appellant, -against- EVETTE MORELAND, Respondent. |
DECISION
Motion by plaintiff-appellant to vacate dismissal of the appeal is granted on condition that the appeal is perfected by June 4, 2004; otherwise motion denied.
APPELLATE TERM : 9th and 10th JUDICIAL DISTRICTS
| JAVIER BONILLA, Appellant, -against- ORLANDO CRUZ and ASTERIO VANEGAS, Respondents. |
DECISION
Motion by plaintiff-appellant to vacate dismissal of the appeal is granted on condition that the appeal is perfected by May 7, 2004; otherwise motion denied.
APPELLATE TERM : 9th and 10th JUDICIAL DISTRICTS
| U.S. EQUITIES CORP., Respondent, -against- JOHN J. MELTON, Appellant. |
DECISION
Motion by defendant-appellant to vacate dismissal of the appeal is granted on condition that the appeal is perfected by May 7, 2004; otherwise motion denied.
APPELLATE TERM : 2nd and 11th JUDICIAL DISTRICTS
| MESEROLE AVENUE LLC, Respondent, -against- ANDREW LYGHT, Appellant. |
DECISION
Motion by tenant-appellant for a stay pending appeal is granted on condition that the appeal is perfected by June 4, 2004; otherwise stay vacated. Tenant is directed to pay to landlord any and all arrears in rent and/or use and occupancy at the rate ordered by the court below of $1,000 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
| BROOKHAVEN ANESTHESIA, ASSOCIATES, LLP., Respondent, -against- JAMES E. FLAHERTY, Appellant. |
DECISION
Motion by defendant-appellant seeking, in essence, an enlargement of time to perfect the appeal denied as moot.
The appeal has been perfected.
APPELLATE TERM: 9th and 10th JUDICIAL DISTRICTS
| LARAINE MANN, BRYAN MANN and TIFFANY MANN , Respondents, -against- ALFRED J. SKIDMORE, Appellant. |
DECISION
Motion by plaintiff-respondent Laraine Mann for reargument or leave to appeal to the Appellate Division denied.
The arguments raised in the motion papers are improper or do not warrant the requested relief.
APPELLATE TERM: 9th and 10th JUDICIAL DISTRICTS
| CORAM ISLE LLC, Respondent, -against- GREG BARSHOV, Appellant. |
DECISION
Motion by appellant for reargument, or in the alternative, for leave to appeal to the Appellate Division denied.