2014-868 Q C. 87-10 51ST AVE. OWNERS CORP. v. VALDES-CLAUSELL — Appeal from orders of the Civil Court of the City of New York, Queens County, entered October 29, 2013 and April 2, 2014, respectively. During the pendency of the appeal, appellant died. The appeal has been held in abeyance pending substitution of a personal representative of appellant. More than four months having elapsed since notice of the death was given to the court and no motion having been made to dismiss the appeal or to substitute a personal representative in the deceased party’s stead, it is, on the court’s own motion,ORDERED that the parties to the appeal, or their attorneys, and the persons interested in the estate of the deceased party thereto show cause before this court pursuant to CPLR 1021, why an order should not be made pursuant to CPLR 1021 dismissing the appeal for failure to effect timely substitution by filing an affidavit or affirmation on that issue with the Clerk of this court on or before March 23, 2018; and it is further,ORDERED that the Clerk or his designee shall send a copy of this order to show cause to the attorneys for the respective parties and to the attorney who represented the deceased party, as presently set forth in the records of the court’s case management database, by regular mail.February 26, 20182015-2472 Q C. 87-10 51ST AVE. OWNERS CORP. v. VALDES-CLAUSELL — Appeal from a judgment of the Civil Court of the City of New York, Queens County, entered October 2, 2013. During the pendency of the appeal, appellant died. The appeal has been held in abeyance pending substitution of a personal representative of appellant. More than four months having elapsed since notice of the death was given to the court and no motion having been made to dismiss the appeal or to substitute a personal representative in the deceased party’s stead, it is, on the court’s own motion,ORDERED that the parties to the appeal, or their attorneys, and the persons interested in the estate of the deceased party thereto show cause before this court pursuant to CPLR 1021, why an order should not be made pursuant to CPLR 1021 dismissing the appeal for failure to effect timely substitution by filing an affidavit or affirmation on that issue with the Clerk of this court on or before March 23, 2018; and it is further,ORDERED that the Clerk or his designee shall send a copy of this order to show cause to the attorneys for the respective parties and to the attorney who represented the deceased party, as presently set forth in the records of the court’s case management database, by regular mail.February 26, 2018By: Pesce, P.J., Aliotta, Elliot, JJ.2016-971 K C. ISLAND LIFE CHIROPRACTIC PAIN CARE, PLLC v. STATE FARM MUT. AUTO. INS. CO. — Motion by respondent to enlarge the time to serve and file a respondent’s brief on an appeal from an order of the Civil Court of the City of New York, Kings County, entered February 17, 2016.Upon the papers filed in support of the motion and the papers filed in opposition thereto, it isORDERED that the motion is granted and respondent shall serve and file its brief within 21 days from the date of this decision and order on motion; and it is further,ORDERED that appellant, if it be so advised, may serve and file a reply brief within 14 days from the service of the respondent’s brief.February 26, 20182017-316 K C. NOSTRAND GROUP, LLC v. DELGARZA — Motion by appellant to enlarge the time to file a reply brief on an appeal from an order of the Civil Court of the City of New York, Kings County, entered September 20, 2016.Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it isORDERED that the motion is granted and appellant shall serve and file her reply brief within 10 days of the date of this decision and order on motion.February 26, 20182017-1294 K C. SP PROP. 232 COURT, LLC v. IDEAL PROPS. GROUP, LLC — Motion by appellant on an appeal from a final judgment of the Civil Court of the City of New York, Kings County, entered June 6, 2017, to continue a stay granted by decision and order on motion of this court dated August 11, 2017, and extended by decision and order on motion of this court dated December 7, 2017.Upon the papers filed in support of the motion and the papers filed in opposition thereto, it isORDERED that the motion is granted on condition that appellant perfect the appeal by April 6, 2018 and continue to comply with the terms of the decision and order on motion of this court dated August 11, 2017; and it is further,ORDERED that in the event that any of the above conditions are not met, the court, on its own motion, may vacate the stay, without further notice, or respondent may move to vacate the stay on three days’ notice.March 1, 20182017-2042 K C. GORDON v. OBIGOR, LLC — Motion by respondent-appellant to stay enforcement of a final judgment of the Civil Court of the City of New York, Kings County, entered October 6, 2017, pending the hearing and determination of an appeal therefrom. Separate motion by respondent-appellant, by order to show cause, for a temporary stay pending the determination of the aforesaid motion.Upon the papers filed in support of the motions and the papers filed in opposition thereto, it isORDERED that the motion for a stay pending the determination of the appeal is granted on condition that the appeal be perfected on or before May 4, 2018; and it is further,ORDERED that in the event that the above condition is not met, the court, on its own motion, may vacate the stay, without further notice, or petitioner-respondent may move to vacate the stay, on three days’ notice; and it is further,ORDERED that the motion for a temporary stay is denied as moot.2017-2246 K C. SQUIRES v. GRIFFITH — Motion by appellant for a stay pending the determination of an appeal from an order of the Civil Court of the City of New York, Kings County, entered November 22, 2017.Upon the papers filed in support of the motion and the papers filed in opposition thereto, it isORDERED that the motion is denied.March 1, 20182018-2 K C. GORDON v. OBIGOR, LLC — Motion by respondents-appellants to stay enforcement of a final judgment of the Civil Court of the City of New York, Kings County, entered October 6, 2017, pending the hearing and determination of an appeal therefrom.Upon the papers filed in support of the motion and the papers filed in opposition thereto, it isORDERED that the motion is granted on condition that the appeal be perfected on or before May 4, 2018; and it is further,ORDERED that in the event that the above condition is not met, the court, on its own motion, may vacate the stay, without further notice, or petitioner-respondent may move to vacate the stay, on three days’ notice.February 26, 20182018-69 Q C. MILTON v. SUBHRAJ — Appellants having appealed to this court from orders of the Civil Court of the City of New York, Queens County, entered July 31, 2017 and October 20, 2017, respectively, and this court having been advised that appellant George Subhraj has died,Now, on the court’s own motion, it isORDERED that this appeal is held in abeyance pending a substitution for the deceased appellant (see CPLR 1015, 1021).February 26, 20182018-96 Q C. CARJ, INC. v. FOUR SEASONS REPAIR CTR., INC. — Motion by appellants for a stay pending the determination of an appeal from an order of the Civil Court of the City of New York, Queens County, entered December 5, 2017.Upon the papers filed in support of the motion and the papers filed in opposition thereto, it isORDERED that the motion is denied.February 26, 2018By: Pesce, P.J., Aliotta, Solomon, JJ.2018-222 K C. ZANDIAH v. POLKOSNIK — Motion by appellants for a stay pending the determination of an appeal from a final judgment of the Civil Court of the City of New York, Kings County, entered January 18, 2018. The final judgment, after a nonjury trial, dismissed the petition in an owner’s use holdover summary proceeding.Upon the papers filed in support of the motion and the papers filed in opposition thereto, it isORDERED, on the court’s own motion, that the appeal is dismissed; and it is further,ORDERED that appellants’ motion for a stay is denied as academic.The appeal has been rendered moot by the offer and acceptance of a renewal lease (see Stepping Stones Assoc. v. Seymour, 48 AD3d 581, 584 [2d Dept 2008]; Related Broadway Dev., LLC v. Malo, __ Misc 3d ____[A], 2018 NY Slip Op 50175[U] [App Term, 1st Dept 2018]; Central Ave. Partners, LLC v. Liquin Huang Chen, 2014 NY Slip Op 71759[U] [App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2014]; Kew Gardens Assoc., LLC v. Camacho, 3 Misc 3d 135[A], 2004 NY Slip Op 50473[U] [App Term, 2d Dept, 2d & 11th Jud Dists 2004]; but see Chelsea 19 Assoc. v. James, 67 AD3d 601 [1st Dept 2009]).PESCE, P.J., and ALIOTTA, J., concur.SOLOMON, J., taking no part.February 26, 2018By: Pesce, P.J., Aliotta, Elliot, JJ.2018-254 K C. McGRIER v. FOUR TECH SERV. STA. AUTO. DIAGNOSTIC — Motion by appellant for a stay pending the determination of an appeal from a judgment of the Civil Court of the City of New York, Kings County, entered January 24, 2018.Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it isORDERED that the motion is granted on condition that the appeal be perfected by June 1, 2018; and it is further,ORDERED that in the event that the above condition is not met, the court, on its own motion, may vacate the stay, without further notice, or respondent may move to vacate the stay on three days’ notice.March 1, 20182018-315 K C. 952 ST. MARKS AVE. HDFC v. WHITE — Motion by appellant for a stay pending the determination of an appeal from a final judgment of the Civil Court of the City of New York, Kings County, entered January 3, 2018.Upon the papers filed in support of the motion and the papers filed in opposition thereto, it isORDERED that the motion is granted on condition that the appeal be perfected on or before June 1, 2018. Appellant is directed to pay to respondent any and all arrears in rent and/or use and occupancy at the rate previously payable as rent within 10 days from the date of this decision and order on motion and to continue to pay respondent use and occupancy at a like rate as it becomes due; and it is further,ORDERED that in the event that any of the above conditions are not met, the court, on its own motion, may vacate the stay, without further notice, or respondent may move to vacate the stay on three days’ notice.March 1, 20182018-316 K C. PARISIEN v. AMERICAN IND. INS. CO. — Motion by appellant for a stay pending the determination of an appeal from an order of the Civil Court of the City of New York, Kings County, entered January 12, 2018.Upon the papers filed in support of the motion and the papers filed in opposition thereto, it isORDERED that the motion is granted on condition the appeal be perfected by June 1, 2018; and it is further,ORDERED that in the event the appeal is not perfected on or before June 1, 2018, the court, on its own motion, may vacate the stay, without further notice, or respondent may move to vacate the stay on three days’ notice, and may serve such application in person.March 1, 20182018-348 Q C. S.K. PIPING & HEATING CORP. v. THEOHARIDOU — Appeal from an order of the Civil Court of the City of New York, Queens County, entered December 7, 2017. The order granted respondent’s motion for summary judgment “without opposition.”On the court’s own motion, it isORDERED that the appeal is dismissed, as no appeal lies from an order entered upon the default of the appealing party (see CPLR 5511).February 27, 2018Ninth and TenthJudical DisTRICTSBy: Iannacci, J.P., Tolbert, Garguilo, JJ.2013-742 S C. LaCARRUBBA v. OUTDOORS CLOTHING CORP. — Motion by respondents for leave to reargue an appeal from a judgment of the Justice Court of the Town of East Hampton, Suffolk County, entered February 8, 2013, which was determined by decision and order of this court dated September 29, 2017.Upon the papers filed in support of the motion and the papers filed in opposition thereto, it isORDERED that the motion is denied.Iannacci, J. P., taking no part.March 1, 2018By: Marano, P.J., Garguilo, Brands, JJ.2015-2420 S C. HENIG v. TOWN OF BABYLON — Second motion by appellant to vacate an order of this court dated November 14, 2016, which dismissed an appeal from a judgment of the District Court of Suffolk County, Second District, entered June 24, 2015.Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it isORDERED that the motion is denied.March 1, 2018By: Marano, P.J., Tolbert, Garguilo, JJ.2017-1793 S C. PEANUT PROPS., LLC v. WILSON — Motion by appellant for a stay pending the determination of an appeal from a judgment of the District Court of Suffolk County, Sixth District, entered August 24, 2017.Upon the papers filed in support of the motion and the papers filed in opposition thereto, it isORDERED that the motion is denied.February 28, 2018
