APPELLATE TERM, SUPREME COURT: FIRST DEPARTMENT MOTIONS
The following orders on motion were filed and entered on August 15, 2005
By: Suarez, P.J.., Davis, Gangel-Jacob J.J.
570503/05 69 Fifth Company -v- Friedlander, Heather
It is Ordered that the motion for a stay of the release of funds to the respondent-respondent is denied.
570497/053363 Sedgwick Ave., LLC -v- NY Foundation/Senior Citizens; Feit, Gail
It is Ordered that the motion for a stay is granted on condition that the appellant: 1- continues to pay for accruing use and occupancy to the petitioner, without prejudice; and 2- perfects her appeal by the December 2005 term of this court - the filing date for which is October 11, 2005.
In the event of appellant's failure to comply with the foregoing conditions, or, if she fails to make a substantial effort to correct the nuisance and the odor persists beyond September 15, 2005, the petitioner may move on five days' notice for an order vacating this conditional stay.
570493/0569 Bennett Avenue Assocs. -v- Guzman, Marie, et al.
It is Ordered that the motion is granted only to the extent of staying the execution of the warrant of eviction until after September 30, 2005. If, by said date, the appeal has been perfected, the appellants are current in the payment of use and occupancy, and no further acts of nuisance or harassment occur, the appellants may move for a further continuation of the stay. Otherwise, the warrant of eviction may be enforced after September 30, 2005. This is without prejudice to petitioner's right to move, on five days' notice, for an order vacating the stay, if appellants interfere with the other tenants' right to the safe and quiet enjoyment of their respective apartments.
570443/05Sheehan, Francis, et al. -v- Grinshtetyn, Vladimir
It is Ordered that the motion for various relief is withdrawn.
570427/05785 Mace Ave. Realty LLC -v- Horn, Angelina
It is Ordered that the motion is granted only to the extent of permitting the appeal to proceed on the original record of the trial court. The motion insofar as it seeks a stay is denied. Substantial arrears are due petitioner in this hold-over licensee proceeding that the appellant agreed, by stipulation, to tender to petitioner. To date, no payments have been made by the appellant.
570608/04Genc Realty LLC -v- Nezaj, Selman, et al.
It is Ordered that the motion seeking to enlarge time to perfect the appeal and to continue the stay is granted on the condition that appellant continue to pay use and occupancy, per the November 24, 2004 order of this court, and that appellant perfects the appeal by the December 2005 term of this court, the filing date for which is October 11, 2005. No further enlargement of time will be granted.
570131/04Coalition Houses L.P. -v- Bonano, Luz a/k/a Bonano, Lucy
Stipulation "So Ordered" adjourning the appeal to the October 2005 term.