APPELLATE TERM, SUPREME COURT: FIRST DEPARTMENT MOTIONS
The following orders on motion were filed and entered on June 20, 2005
By: Suarez, P.J., Davis, Gangel-Jacob J.J.
570385/05 39 CAM LLC -v- Fortitude Enterprises Corp.
It is Ordered that the motion is granted only to the extent of allowing the respondent-appellant's counsel to withdraw. In all other respects, the motion is denied.
570611/04Martinez, Daisy, et al. -v- E.P. Realty Associates, LLC
It is Ordered that the motion to dismiss is granted unless the appeal is argued or submitted by no later than the October 2005 term - filing deadline is August 10, 2005. No further extension of time will be granted. In the event of appellants' failure to comply with the foregoing condition, respondents may move on five days' notice for an order dismissing the appeal. The papers submitted as a cross-motion, not having been timely served, were considered solely in opposition to the motion. (CPLR § 2215 and 2103[b][2])
570325/05J.H.B. L.P. -v- Martin, Kevin
It is Ordered that the motion to vacate the stay is granted unless the arrears outstanding [$3,332.50 ] are tendered to the petitioner-landlord by June 30, 2005, along with the June use and occupancy, without prejudice. In the event of appellant's failure to comply with the orders of this Court, petitioner may move on five days' notice for an order vacating the stay.
570374/05Struna, William -v- Stolfe, Marc
It is Ordered that the motion is granted enlarging the time to perfect the appeal by the November 2005 term. The filing deadline is September 14, 2005.
570391/05Citibank -v- Huli, David
It is Ordered that the motion is granted only to the extent of permitting the separate proceedings to proceed on their respective original records of the trial courts and separate type-written briefs. The motion insofar as it seeks consolidation of the two separate proceedings is denied. However, if the two appeals are filed for the same term, they should proceed as companion appeals.