APPELLATE TERM, SUPREME COURT: FIRST DEPARTMENT
The following orders on motion were filed and entered on February 22, 2006
By: Suarez P.J., Davis, Gangel-Jacob, J.J.
570087/06 Cosmopolitan Medical Acupuncture Svces. -v- Travelers Insurance Company
It is Ordered that the above entitled appeal is withdrawn.
570076/06Intell-BRH, LLC -v- LeMaire, Nicole
It is Ordered that the motion is granted only to the extent of staying the execution of the warrant of eviction, to and including March 8, 2006, to afford the appellant an opportunity to tender the outstanding arrears and the March 2006 use and occupancy to the petitioner, without prejudice, and to perfect the appeal for the May 2006 term. If the accrued use and occupancy has been tendered and the appeal has been perfected, the appellant may move for a further continuation of the stay. Otherwise, the warrant of eviction may be enforced after March 8, 2006.
570073/06 General Assurance Company -v- Response Equipment Inc., et al.
It is Ordered that the motion to dismiss is granted unless the appeal is argued or submitted by the June 2006 term - the filing deadline is April 11, 2006. No further extension of time will be granted. In the event of appellant's failure to comply with the foregoing condition, respondent may move on five days' notice for an order dismissing the appeal. The cross-motion for an extension of time to perfect the appeal is denied as moot.
570933/05Rockaway Medical & Diagnostic PC -v- Progressive Insurance Co.
It is Ordered that the appeal is withdrawn.
570517/05Lee, Michael W. -v- Geandomenico, Diane
It is Ordered that the appeal is dismissed, without prejudice to reinstatement upon obtaining a proper Clerk's Return.
570395/05Hecht, Hubert M.D. -v- Digital Broadcast Corp.
It is Ordered that the motion to vacate the dismissal of the appeal, previously granted on default, is granted. The appeal is re-instated on condition that the appellant files five copies of record, five briefs and a Notice of Argument by no later than April 11, 2006 and the appeal is noticed for the June 2006 term. In the event of appellant's failure to comply with the foregoing condition, respondent may, once again, move for an order finally dismissing this appeal.
570090 /06Westward Land, LLC -v- Olan, Neil, et al.
Ex-parte application is declined.
2308 Hughes Ave. Realty Corp. -v- Longo, Frances, et al.
Ex-parte application is granted.