APPELLATE TERM, SUPREME COURT: FIRST DEPARTMENT MOTIONS
The following orders on motion were filed and entered on September 01, 2005
By: Suarez, P.J., Davis, Gangel-Jacob J.J.
570611/05 People -v- Blank, Geoffrey
It is ordered that the motion is granted to the extent of enlarging appellant's time to perfect the appeal to the February 2006 term. This Court notes that the last day to file for the February 2006 term is December 14, 2005.
570582/05Logrono, Julio, et al. -v- Gonzalez, Michelle, et al.
It is Ordered that the motion to dismiss the notice of appeal as untimely is granted. Appeal dismissed. The appellants' failure to serve and file the Notice of Appeal within thirty-five (35) days after service of a copy of the order, with Notice of its Entry, mandates its dismissal. (see CPLR § 5515 and 2103[b][2] ). The affidavit of service annexed to the defendants-respondents' motion papers states that service was made on June 2, 2005, by mail, upon the appellants' law firm. Accordingly, the appellants had until July 7, 2005 to serve and file a Notice of Appeal. That not having been done, deprives this court of jurisdiction to review the appeal.
570496/05McIntosh, Peggy -v- New York Foundation for Senior Citizens, et al.
It is Ordered that the motion seeking to stay the trial pending the determination of the appeal is granted. On the Court's own motion, the appeal is adjourned to the November 2005 term. [cal # 05-299 ].
570347/05Grabsky, Cynthia -v- Jennings, Thomas, et al.
It is Ordered that the cross-motion for a stay is denied without prejudice to renew upon the proper submission of plaintiff-respondent's motion, or by appellants' own motion for a stay.
570315/05Scarcella, Russell -v- AOL Time Warner
It is Ordered that the motion staying the trial pending the determination of the appeal is granted.
The appellant may submit five copies of a bound, reproduced record on appeal, for the convenience of the court.
570173/05Chrysler Financial Corporation, et al. -v- Moore, Walter
It is Ordered that the motion is granted only to the extent of enlarging the time within which to perfect the appeal to the January 2006 term of this court. The March 23, 2005 order of the this court granted appellant permission to proceed on the original record of the trial court and type written briefs, without prejudice to applying in the Civil Court for a waiver of the transcription fee. In all other respects, the motion is denied, without prejudice.