2013-1896 K CR. THE PEOPLE v. CRUZ, RUBEN — Motion by respondent for leave to reargue an appeal from a judgment of conviction of the Criminal Court of the City of New York, Kings County, rendered May 7, 2013, which was determined by decision and order of this court dated June 6, 2016. By decision and order on motion of this court dated February 10, 2017, respondent’s motion was held in abeyance and the matter was remitted to the Criminal Court for a specified determination to be made by the clerk thereof, who has now responded. Separate motion by appellant to dismiss respondent’s motion.Upon the papers filed in support of the motions and the papers filed in opposition thereto, and upon the Criminal Court’s response, it isORDERED, on the court’s own motion, that respondent’s motion and appellant’s motion are consolidated for purposes of disposition; and it is further,ORDERED that respondent’s motion and appellant’s motion are denied.WESTON and ELLIOT, JJ., concur.SOLOMON, J.P., taking no part.February 6, 2018By: Pesce, P.J., Aliotta, Elliot, JJ.2017-380 K C. 1302 NEWKIRK, LLC v. GARCIA — Appeal from an order of the Civil Court of the City of New York, Kings County, entered February 14, 2017, denying a motion by nonparty-appellant for relief from a default final judgment and warrant.On the court’s own motion, it isORDERED that the appeal is dismissed as moot, as nonparty-appellant was evicted after failing to comply with the terms of the stay issued by this court (see Coleman v. Ceraolo, 26 Misc 3d 131[A], 2010 NY Slip Op 50057[U] [App Term, 1st Dept 2010]).February 6, 20182017-1832 K C. WESTCHESTER RADIOLOGY AND IMAGING, P.C. v. GLOBAL LIBERTY INS. CO. OF N.Y. — Motion by appellant to vacate a decision and order on motion of this court dated December 7, 2017, which dismissed an appeal from an order of the Civil Court of the City of New York, Kings County, entered September 12, 2017, and to reinstate and continue a stay granted by decision and order on motion of this court dated November 8, 2017.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.As the Civil Court has advised this court that the order appealed from, which was initialed by both parties’ counsel, was entered on consent, no appeal lies therefrom. Appellant’s remedy, if it be so advised, is to move in the Civil Court to resettle or set aside the order.February 6, 20182017-2115 K C. BED STUY MED., P.C. v. TRAVELERS INS. — 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 October 3, 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 the appeal be perfected by May 4, 2018; and it is further,ORDERED that in the event the appeal is not perfected on or before May 4, 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.February 6, 20182017-2222 K C. D&J REALTY OF N.Y., LLC v. GIULIANO — 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 20, 2017. Separate motion by respondent for an enlargement of time to serve and file papers in opposition to appellant’s motion.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 appellant’s motion and respondent’s motion are consolidated for purposes of disposition; and it is further,ORDERED that respondent’s motion is granted and the papers in opposition are deemed timely served and filed; and it is further,ORDERED that appellant’s motion is denied.February 6, 20182017-2349 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 November 30, 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 the appeal be perfected by May 4, 2018; and it is further,ORDERED that in the event the appeal is not perfected on or before May 4, 2018, the court, on its own motion, may vacate the stay, or respondent may move to vacate the stay on three days’ notice, and may serve such application in person.February 6, 20182017-2405 K C. PIERRE J. RENELIQUE, M.D., P.C. 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 October 18, 2017.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 the appeal be perfected by May 4, 2018; and it is further,ORDERED that in the event the appeal is not perfected on or before May 4, 2018, the court, on its own motion, may vacate the stay, or respondent may move to vacate the stay on three days’ notice, and may serve such application in person.February 6, 20182017-2406 K C. PIERRE J. RENELIQUE, M.D., P.C. 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 October 18, 2017.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 the appeal be perfected by May 4, 2018; and it is further,ORDERED that in the event the appeal is not perfected on or before May 4, 2018, the court, on its own motion, may vacate the stay, or respondent may move to vacate the stay on three days’ notice, and may serve such application in person.February 6, 20182017-2407 K C. PIERRE J. RENELIQUE, M.D., P.C. 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 October 18, 2017.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 the appeal be perfected by May 4, 2018; and it is further,ORDERED that in the event the appeal is not perfected on or before May 4, 2018, the court, on its own motion, may vacate the stay, or respondent may move to vacate the stay on three days’ notice, and may serve such application in person.February 6, 20182017-2408 K C. PIERRE J. RENELIQUE, M.D., P.C. 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 October 18, 2017.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 the appeal be perfected by May 4, 2018; and it is further,ORDERED that in the event the appeal is not perfected on or before May 4, 2018, the court, on its own motion, may vacate the stay, or respondent may move to vacate the stay on three days’ notice, and may serve such application in person.February 6, 20182017-2409 K C. PIERRE J. RENELIQUE, M.D., P.C. 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 October 18, 2017.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 the appeal be perfected by May 4, 2018; and it is further,ORDERED that in the event the appeal is not perfected on or before May 4, 2018, the court, on its own motion, may vacate the stay, or respondent may move to vacate the stay on three days’ notice, and may serve such application in person.February 6, 20182017-2410 K C. PIERRE J. RENELIQUE, M.D., P.C. 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 October 18, 2017.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 the appeal be perfected by May 4, 2018; and it is further,ORDERED that in the event the appeal is not perfected on or before May 4, 2018, the court, on its own motion, may vacate the stay, or respondent may move to vacate the stay on three days’ notice, and may serve such application in person.February 6, 20182017-2412 K C. PIERRE J. RENELIQUE, M.D., P.C. 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 October 18, 2017.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 the appeal be perfected by May 4, 2018; and it is further,ORDERED that in the event the appeal is not perfected on or before May 4, 2018, the court, on its own motion, may vacate the stay, or respondent may move to vacate the stay on three days’ notice, and may serve such application in person.February 6, 20182017-2430 K C. LITVAK v. COMFORT AUTO GROUP NY, LLC — Motion by appellant on an appeal from an order of the Civil Court of the City of New York, Kings County, entered December 7, 2017, to stay enforcement of a judgment of that court entered August 22, 2017.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 enforcement of the judgment is stayed pending the hearing and determination of the appeal from the order entered December 7, 2017, on condition that the appeal be perfected on or before May 4, 2018 and on the further condition that within 10 days of the date of this decision and order on motion appellant deposit the judgment amount of $5,070 in the Civil Court; and it is further,ORDERED that in the event the appeal is not perfected on or before May 4, 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.February 6, 20182017-2449 Q C. ADORA REALTY, LLC v. GONZALEZ — Motion by Marshall D. Sweetbaum, Esq., for leave to withdraw as counsel for appellants on an appeal from a decision of the Civil Court of the City of New York, Queens County, dated October 31, 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 on or before February 23, 2018, Marshall D. Sweetbaum, Esq., shall serve his clients, by one of the methods specified in CPLR 2103 (c), with a copy of this decision and order on motion and shall file proof of such service with the clerk of this court; and it is further,ORDERED that no further proceedings shall be taken against appellants, without leave of this court, until the expiration of 30 days after the service upon them of a copy of this decision and order on motion.February 6, 20182018-94 K C. 321 BAY RIDGE CO., INC. v. CORDOVA — Appeal from an order of the Civil Court of the City of New York, Kings County, entered January 25, 2017.On the court’s own motion, it isORDERED that the appeal is dismissed, as no appeal as of right lies from an order that does not determine a motion made on notice (CCA 1702 [a] [2]; New Century Osteopathic v. State Farm Fire & Cas. Ins. Co., 22 Misc 3d 126[A], 2008 NY Slip Op 52584[U] [App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2008]), and leave to appeal has not been granted.CPLR 2211 provides that a “motion on notice is made when a notice of the motion or an order to show cause is served.” It is noted, in addition, that the minutes of trial have not been settled.February 6, 20182018-227 Q C. KESOGLIDES v. MARINE TERRACE ASSOC. — Appeals from two orders of the Civil Court of the City of New York, Queens County, entered June 20, 2017.On the court’s own motion, it isORDERED that the appeals are dismissed, as the proceeding was subsequently dismissed by an order of the Civil Court dated October 13, 2017.February 6, 2018Ninth and TenthJudical DisTRICTSBy: Marano, P.J., Tolbert, Garguilo, JJ.2016-1276 S C. HAIG PRESS, INC. v. RENWICK — Motion by respondent for leave to reargue an appeal from an order of the District Court of Suffolk County, Fourth District, dated February 2, 2016, which was determined by decision and order of this court dated November 9, 2017, or, in the alternative, for leave to appeal to the Appellate Division from the decision and order of this court.Upon the papers filed in support of the motion and the papers filed in opposition thereto, it isORDERED that the motion is denied.February 6, 20182017-1604 OR C. BUNTING v. CERVERA — Motion by appellant on an appeal from an order of the Justice Court of the Town of Minisink, Orange County, entered July 13, 2017, to strike the respondent’s brief in whole or in part, and for clarification of a decision and order on motion of this court dated September 5, 2017 granting appellant’s motion for a stay.Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it isORDERED that the branch of the motion seeking to strike the respondent’s brief in whole or in part, is denied, as, in determining the appeal, this court will not consider matters dehors the record (see Chimarios v. Duhl, 152 AD2d 508 [1989]); and it is further,ORDERED that the branch of the motion seeking clarification of this court’s decision and order on motion dated September 5, 2017 is granted to the extent of clarifying that only appellant’s obligation to pay respondent that portion of the judgment which remains unpaid is stayed pending the determination of the appeal.We note that, in the event that appellant prevails upon appeal, he may apply to this court pursuant to CPLR 5523 for restitution of the monies lost as a result of the enforcement of the judgment.February 6, 2018
