APPELLATE TERM, SUPREME COURT: FIRST DEPARTMENT MOTIONS
The following orders on motion were filed and entered on August 23, 2005
By: Suarez, P.J., Gangel-Jacob, Schoenfeld J.J.
570538/05 Bainbridge 2875 LLC -v- Pizzaro, Anthony Sr., et al.
It is Ordered that the motion for a stay of the execution of the warrant of eviction in this holdover proceeding is denied.
570522/05 Sedgewick Management -v- "John/Jane Doe", [Anthony Rivers]
It is Ordered that the motion for a stay in this holdover licensee proceeding is denied.
570519/05 Vulcan Sports Media d/b/a The Sporting News, Inc. -v- Mega Marketing
It is Ordered that the motion is granted on default. The appeal is dismissed.
570329/05Tan, Edwin, et al. -v- Offen, Elliot
It is Ordered that the motion to continue the stay is denied. The appellant has failed to comply with the June 28, 2005 order of this Court requiring the prompt perfection of the appeal and the payment of all outstanding arrears to the petitioner. In addition, the appeal involves the validity of a lease extension agreement whose lease term would end on September 30, 2005. Therefore, the issue on appeal would be academic after that date.
570517/05Lee, Michael W. -v- Geandomenico, Diane
It is Ordered that the motion and cross-motion are consolidated for the purpose of disposition.
The execution of the warrant of eviction is stayed, to and including October 12, 2005. If, by said date, the appeal has been perfected for the December 2005 term, and the appellant is current in the payment of use and occupancy, the appellant may move for a continuation of the stay. Otherwise, the warrant of eviction may be enforced after said date. In the event the appeal is not perfected by the December 2005 term, petitioner may move on five days' notice for an order dismissing the appeal for failing to comply with the rules of this court. [see 22 NYCRR 640.6].
570511/05Sinonovic, Bajram, et al. -v- National Engineering Corp., et al.
It is Ordered that the plaintiffs' motion insofar as it seeks permission to appeal on the original record of the trial court is granted. The cross-motion to dismiss is granted unless the appeal is perfected by no later than the December 2005 term - the filing deadline is October 11, 2005.
No further extension of time will be granted. [ see 22 § NYCRR 640.6]. 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.
570517/04Colonnade Management LLC -v- Christopher, Mark
It is Ordered that the appeal is withdrawn.
570567/05Parkside Plaza Associates L.P. -v- Grant, David
570566/05HVW Associates -v- Araman, Christine
Ex-parte applications are declined.