APPELLATE TERM, SUPREME COURT: FIRST DEPARTMENT
The following orders on motion were filed and entered on November 3, 2005
By: Suarez P.J., McCooe, Gangel-Jacob, J.J.
570848/05 McQueen, Rozena -v- Palero Food Corp., et al.
It is Ordered that the motion is granted on default. The appeal is dismissed.
570841/05 One Convent Ave Realty Corp. -v- Earley, Delores & Charles
It is Ordered that the motion for a stay is granted on condition that the appellants: 1- on or before November 17, 2005, pay the May 2005 to November 2005 use and occupancy arrears, at $464.93 per month, to the petitioner, without prejudice; 2- continue to pay said amount on each subsequent rental due date, without prejudice; and 3- perfect the appeal by no later than the March 2006 term - the filing deadline is January 11, 2006. In the event of appellants' failure to comply with the foregoing conditions, petitioner may move on five days' notice for an order vacating the stay. The appeal may proceed on the original record of the trial court and type-written briefs. The motion insofar as it seeks to obtain a copy of the transcript without payment of fees by the appellants is denied, without prejudice to renew in the trial court.
570760/05 Hudson Street Equities Group -v- Escoffier, Dana, et al
It is Ordered that the motion to dismiss the appeal and for other relief is denied. The appellant is to submit five copies of a supplemental record on appeal containing the omitted exhibits in petitioner's possession, along with proof of service, to the Clerk of the Court by November 14, 2005. The respondent's answering briefs are to be personally served and filed by November 17, 2005. Reply briefs, if any are due by November 28, 2005. [ cal # 05-385 ].
570697/05151 Spring Gallery Realty LLC -v- Gallery 151, Inc., et al.
It is Ordered that the motion to vacate the stay is withdrawn.
570517/05 Lee, Michael W. -v- Geandomenico, Diane
It is Ordered that the motion for a stay pending the determination of the appeal is on condition that the appellant continues to pay for accruing use and occupancy on each subsequent rental due date, without prejudice. [cal # 05-386 - December term ]
570422/05Sun, Danielle, et al. -v- Cintron, Naomi
It is Ordered that the motion to vacate the stay is denied, without prejudice to renew in the event the appellant fails to comply with the October 13, 2005 order of this Court.
570348/03People -v- Yu, Xinran
It is ordered that the motion is granted to the extent of permitting Jeffrey C. Bloom , Esq. to withdraw as counsel for the appellant. The appeal is dismissed.
570613/05Petruzzi, Philip -v- NY Mercantile Exchange Inc.
Stipulation "So Ordered"supplementing the record on appeal.
570583/05Oxford Towers Co., LLC -v- Leites, Justin, et al.
Stipulation "So Ordered" adjourning the appeal to the March 2006 term.