APPELLATE TERM, SUPREME COURT: FIRST DEPARTMENT MOTIONS
The following orders on motion were filed and entered on September 14, 2005
By: Suarez, P.J., McCooe, Schoenfeld, J.J.
570760/03 Hotel Cameron, Inc. -v- Purcell, John
It is Ordered that the motion for permission to appeal to the Supreme Court - Appellate Division - First Department is granted. The petitioner-respondent shall file two (2) copies of the Pre-Argument Statement with proof of service, with the Clerk of this Court, pursuant to Section 600.17 of the Rules of the Appellate Division - First Department, and two (2) copies of the order granting leave to appeal.
By: McCooe, J.P., Gangel-Jacob, Schoenfeld, J.J.
570625/05Dawson, Brian -v- Easy Prey LLC
It is Ordered that the motion is granted to the extent of enlarging the time to perfect the appeal to the January 2006 term - the filing deadline is November 9, 2005.
570623/05Stahl Associates Co. -v- Pitt, William
It is Ordered that the motion seeking a stay of the hearing regarding attorney's fees is granted on condition that the appellant perfects its appeal by the December 2005 term of this court - the filing deadline is October 11, 2005. In the event appellant fails to comply with the aforementioned conditions, the respondent may move on five (5) days' notice for an order vacating the stay.
570508/05Simon, Mervyn -v- Ace Fire Door Corp., et al.
It is Ordered that the motion is granted only to the extent of dismissing the appeal for failure to prosecute unless it is perfected by the December 2005 term - filing deadline is October 11, 2005. In the event of appellant's failure to comply with the foregoing condition, respondents may move on five days' notice for an order dismissing the appeal.
570102/05Nozad, Steven -v- J.J.&P. Assocs., Corp., et al
It is Ordered that the motion is granted only to the extent of staying the execution of the warrant of eviction to and including October 12, 2005. If, by said date, the appeal has been perfected and the appellant is current in the payment of outstanding arrears, the appellant may move for a further continuation of the stay. Otherwise, the warrant of eviction may be enforced after said date.
570017/05NYC Hous. & Dev. LLC -v- Arias, Altagracia
It is Ordered that the motion for a stay is granted on condition that the appellant continues to pay for accruing use and occupancy to the petitioner, without prejudice. The court notes that appellant's counsel states that approval has been obtained from the Department of Social Services to pay the substantial arrears outstanding. In the event such payment is not made by September 30, 2005, petitioner may move on five days' notice for an order vacating the stay.