2014-430 Q C. DAILY MED. EQUIP. DISTRIB. CTR., INC. v. MVAIC — Motion by respondent for leave to reargue an appeal from an order of the Civil Court of the City of New York, Queens County, entered January 24, 2014, which was determined by decision and order of this court dated January 6, 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.January 4, 2018By: Pesce, J.P., Weston, Aliotta, JJ.2014-495 Q C. DAILY MED. EQUIP. DISTRIB. CTR., INC. v. MVAIC — Motion by respondent for leave to reargue an appeal from an order of the Civil Court of the City of New York, Queens County, entered February 11, 2014, which was determined by decision and order of this court dated January 6, 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.January 4, 2018By: Pesce, J.P., Aliotta, Solomon, JJ.2014-2139 K C. BRONX ACUPUNCTURE THERAPY, P.C. v. HEREFORD INS. CO. — Motion by respondent for leave to reargue an appeal from an order of the Civil Court of the City of New York, Kings County, entered July 18, 2014, which was determined by decision and order of this court dated October 27, 2017, or, in the alternative, for leave to appeal to the Appellate Division from the decision and order of this court. Separate motion by respondent for a stay pending the determination of respondent’s reargument motion.Upon the papers filed in support of the motions and the papers filed in opposition thereto, it isORDERED, on the court’s own motion, that respondent’s motions are consolidated for purposes of disposition; and it is further,ORDERED that the branch of respondent’s motion seeking leave to reargue the appeal is denied; and it is further,ORDERED that the branch of respondent’s motion seeking leave to appeal to the Appellate Division is granted; and it is further,ORDERED that respondent’s motion for a stay is denied as moot.Solomon, J., taking no part.By: Pesce, J.P., Aliotta, Solomon, JJ.2014-2139 K C. BRONX ACUPUNCTURE THERAPY, P.C. v. HEREFORD INS. CO. — Motion by respondent for leave to reargue an appeal from an order of the Civil Court of the City of New York, Kings County, entered July 18, 2014, which was determined by decision and order of this court dated October 27, 2017, or, in the alternative, for leave to appeal to the Appellate Division from the decision and order of this court. Separate motion by respondent for a stay pending the determination of respondent’s reargument motion.Upon the papers filed in support of the motions and the papers filed in opposition thereto, it isORDERED, on the court’s own motion, that respondent’s motions are consolidated for purposes of disposition; and it is further,ORDERED that the branch of respondent’s motion seeking leave to reargue the appeal is denied; and it is further,ORDERED that the branch of respondent’s motion seeking leave to appeal to the Appellate Division is granted; and it is further,ORDERED that respondent’s motion for a stay is denied as moot.Solomon, J., taking no part.By: Pesce, J.P., Aliotta, Elliot, JJ.2015-457 K C. ELMONT REHAB P.T, P.C. v. NEW YORK CENT. MUT. FIRE INS. CO. — Motion by appellant for a stay of all proceedings, including trial, pending the determination of an appeal from an order of the Civil Court of the City of New York, Kings County, entered April 11, 2014.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 moot, as the appeal has been determined.January 4, 2018By: Pesce, J.P., Aliotta, Elliot, JJ.2015-2182 K C. January 5, 2018 ACTUAL CHIROPRACTIC, P.C. v. TRAVELERS INS. — Appellant Actual Chiropractic, P.C., having appealed to this court from an order of the Civil Court of the City of New York, Kings County, dated August 10, 2015, and counsel having appeared for a CAMP conference on October 13, 2015, and appellant having perfected the appeal on December 30, 2015, and both parties having been sent a notice on November 29, 2017, advising each that the appeal was to be heard on submission, and counsel for defendant-respondent having notified the court via letter dated December 18, 2017, that the underlying case had been settled, and counsel having attached to the letter a Stipulation of Settlement dated January 14, 2016, more than 23 months earlier, Now, on the court’s own motion, it isORDERED that the appellant and the respondent or their counsel are directed to show cause before this Court why an order should or should not be made and entered imposing such sanctions and/or costs, if any, against the appellant and the respondent or their respective counsel pursuant to 22 NYCRR 730.3 (f) as this Court may deem appropriate by each filing an affirmation or affidavit on that issue in the office of the Clerk of this Court and serving one copy of the same on all parties to the action on or before February 2, 2018.Section 730.3 (f) of the rules of this Court provides, in relevant part, that “[i]f an appeal or the underlying action or proceeding is wholly or partially settled … the parties or their counsel shall immediately notify the court. Any attorney or party who, without good cause shown, fails to comply with the requirements of this subdivision shall be subject to the imposition of costs and/or sanctions as the court may direct” (22 NYCRR 730.3 [f]).The Clerk of this Court, or his designee, is directed to serve a copy of this order to show cause upon counsel for the respective parties by regular mail.January 5, 2018By: Pesce, J.P., Aliotta, Elliot, JJ.2015-2421 K C. GOLDSTAR EQUIP., INC. v. 21 CENTURY ADVANTAGE 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 July 31, 2015.Upon the papers filed in support of the motion and the papers filed in opposition thereto, it isORDERED that the motion is denied.January 5, 2018By: Pesce, J.P., Aliotta, Elliot, JJ.2015-2451 K C. GOLDSTAR EQUIP., INC. v. 21 CENTURY ADVANTAGE 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 July 31, 2015.Upon the papers filed in support of the motion and the papers filed in opposition thereto, it isORDERED that the motion is denied.January 5, 2018By: Pesce, J.P., Aliotta, Solomon, JJ.2016-149 K C. CARDINAL PROPS., LLC v. BUCHANAN — Appeals from orders of the Civil Court of the City of New York, Kings County, entered December 18, 2015 and January 7, 2016. The orders granted respondent’s motions to be restored to possession upon payment of the sum of $7,228, which included rent arrears and legal and marshal fees.On the court’s own motion, it isORDERED that the appeals are dismissed, as by accepting the benefit of the orders, appellant waived its right to appeal therefrom (see Burkwit v. Olson, 98 AD3d 1236, 1238 [2012]; HPS Holdings Co., LLC v. AL & Assoc., LLC, 10 Misc 3d 135[A], 2005 NY Slip Op 52103[U] [App Term, 2d & 11th Jud Dists 2005]; Crystal Ridge Assoc. v. Pascal, 2003 NY Slip Op 50669[U] [App Term, 2d & 11th Jud Dists 2003]).Pesce, P.J., and Aliotta, J., concur.Solomon, J., taking no part.January 4, 2018By: Pesce, J.P., Aliotta, Elliot, JJ.2016-2048 K C. OLEG’S ACUPUNCTURE, P.C. v. STATE FARM MUT. AUTO. INS. CO. — Motion by appellant for a stay of all proceedings, including trial, pending the determination of an appeal from an order of the Civil Court of the City of New York, Kings County, entered June 9, 2016.Upon the papers filed in support of the motion and the papers filed in opposition thereto, it isORDERED that the motion is granted.January 5, 2018By: Pesce, J.P., Weston, Aliotta, JJ.2017-384 Q C. OREGON REALTY CO. v. RINCON — Motion by appellant to enlarge the time to perfect an appeal from an order of the Civil Court of the City of New York, Queens County, entered March 14, 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 denied.January 4, 2018By: Pesce, J.P., Aliotta, Elliot, JJ.2017-575 K C. OLEG’S ACUPUNCTURE, P.C. v. STATE FARM MUT. AUTO. INS. CO. — Motion by appellant for a stay of all proceedings, including trial, pending the determination of an appeal from an order of the Civil Court of the City of New York, Kings County, entered May 31, 2016.Upon the papers filed in support of the motion and the papers filed in opposition thereto, it isORDERED that the motion is granted.January 5, 2018By: Pesce, J.P., Aliotta, Elliot, JJ.2017-582 K C. OLEG’S ACUPUNCTURE, P.C. v. STATE FARM MUT. AUTO. INS. CO. — Motion by appellant for a stay of all proceedings, including trial, pending the determination of an appeal from an order of the Civil Court of the City of New York, Kings County, entered May 31, 2016.Upon the papers filed in support of the motion and the papers filed in opposition thereto, it isORDERED that the motion is granted.January 5, 2018By: Pesce, J.P., Aliotta, Elliot, JJ.2017-635 K C. NATURAL THERAPY ACUPUNCTURE, P.C. v. GEICO — Motion by appellant for a stay of all proceedings, including the trial, pending the determination of an appeal from an order of the Civil Court of the City of New York, Kings County, entered December 15, 2016.Upon the papers filed in support of the motion and the papers filed in opposition thereto, it isORDERED that the motion is granted.January 3, 2018By: Pesce, J.P., Aliotta, Elliot, JJ.2017-821 K C. NATURAL THERAPY ACUPUNCTURE, P.C. v. GEICO INS. CO. — Motion by appellant for a stay of all proceedings, including trial, pending the determination of an appeal from an order of the Civil Court of the City of New York, Kings County, entered December 15, 2016.Upon the papers filed in support of the motion and the papers filed in opposition thereto, it isORDERED that the motion is granted.January 3, 2018By: Pesce, J.P., Aliotta, Elliot, JJ.2017-859 K C. NATURAL THERAPY ACUPUNCTURE, P.C. v. GEICO — Motion by appellant for a stay of all proceedings, including trial, pending the determination of an appeal from an order of the Civil Court of the City of New York, Kings County, entered December 14, 2016.Upon the papers filed in support of the motion and the papers filed in opposition thereto, it isORDERED that the motion is granted.January 3, 2018By: Pesce, J.P., Aliotta, Elliot, JJ.2017-876 K C . NATURAL THERAPY ACUPUNCTURE, P.C. v. GEICO INS. CO. — Motion by appellant for a stay of all proceedings, including trial, pending the determination of an appeal from an order of the Civil Court of the City of New York, Kings County, entered December 15, 2016.Upon the papers filed in support of the motion and the papers filed in opposition thereto, it isORDERED that the motion is granted.January 3, 2018By: Pesce, J.P., Aliotta, Solomon, JJ.2017-1022 K C. ONEFATER v. NYARI — Motion by respondents to dismiss as untimely an appeal from an order of the Civil Court of the City of New York, Kings County, entered March 7, 2017. Appellant was served with a copy of the order appealed from, with notice of entry, on March 9, 2017 and the notice of appeal was not filed until May 9, 2017.Upon the papers filed in support of the motion and the papers filed in opposition thereto, it isORDERED that the motion is granted and the appeal is dismissed as untimely (see CPLR 5513).January 4, 2018Ninth and TenthJudical DisTRICTSBy: Marano, P.J., Tolbert, Garguilo, JJ.2016-458 S C; 2016-464 S C . PANTIGO PROFESSIONAL CTR., LLC v. STANKEVICH — On the court’s own motion, it isORDERED that so much of the order of this court dated October 17, 2016 as dismissed appellant-respondent’s appeal from a decision after trial of the Justice Court of East Hampton, Suffolk County, dated June 2, 2015 (appeal No. 2016-458 S C), is recalled and vacated; that appeal is reinstated and consolidated under appeal No. 2016-464 S C, which is an appeal from a decision of that court dated June 24, 2015, made after an attorney’s fees hearing; the notices of appeal from the decisions are deemed a premature notice of appeal from a final judgment of that court entered June 30, 2015 (see CPLR 5520 [c]); and appeal No. 2016-464 S C is deemed fully perfected.January 3, 2018By: Garguilo P.J., Tolbert, Ruderman, JJ.2016-1639 OR C. BILELLO v. LEAHY — Motion by appellants for leave to reargue an appeal from a judgment of the Justice Court of the Town of Cornwall, Orange County, entered August 8, 2015, which was determined by decision and order of this court dated October 26, 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 no papers having been filed in opposition thereto, it isORDERED that the motion is denied.January 4, 2018By: Marano, P.J., Tolbert, Garguilo, JJ.2017-260 S C. UTICA PARK CHIROPRACTIC OF NY, P.C. v. TRAVELERS HOME AND MARINE INS. CO. — Appeal from an order of the District Court of Suffolk County, Fourth District, entered December 20, 2016.On the court’s own motion, it isORDERED that the appeal is dismissed, as no appeal as of right lies from the District Court’s sua sponte order (see CCA 1702 [a] [2]; Scholes v. Meagher, 100 NY2d 333 [2003]), and leave to appeal has not been granted.Appellants’ remedy, if they be so advised, is to move in the District Court to vacate the sua sponte order and, if necessary, appeal from the determination of that motion.January 3, 2018By: Marano, P.J., Garguilo, Brands, JJ.2017-00274 D CR. PEOPLE v. RAMOS, HECTOR L — On the court’s own motion on an appeal from a judgment of conviction of the Justice Court of the Town of Poughkeepsie, Dutchess County, rendered October 17, 2016, it isORDERED that appellant’s time to perfect the appeal is hereby enlarged and the appeal shall be perfected within 60 days of the date of this decision and order on motion.January 4, 2018By: Marano, P.J., Garguilo, Brands, JJ.2017-00275 D CR. PEOPLE v. RAMOS, HECTOR L. — On the court’s own motion on an appeal from a judgment of conviction of the Justice Court of the Town of Poughkeepsie, Dutchess County, rendered October 17, 2016, it isORDERED that appellant’s time to perfect the appeal is hereby enlarged and the appeal shall be perfected within 60 days of the date of this decision and order on motion.January 4, 2018By: Garguilo, J.P., Marano, Ruderman, JJ.2017-01100 W CR. PEOPLE v. BHAGAT, SUNIL — Motion by appellant to vacate the dismissal and enlarge the time to perfect the appeal on an appeal from a judgment of conviction of the City Court of Yonkers, Westchester County, rendered March 31, 2017.Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it isORDERED that the motion to vacate the dismissal is granted and the dismissal is vacated, and it is furtherORDERED that the branch of appellant’s motion seeking to enlarge the time to perfect the appeal is granted and the appeal shall be perfected within 45 days of the date of this decision and order on motion.January 4, 2018By: Marano, P.J., Brands, Ruderman, JJ.2017-01274 N CR. PEOPLE v. KIMMEL, JOSEPH — Motion by appellant to enlarge the time to perfect on an appeal from a judgment of conviction of the District Court of Nassau County, Traffic And Parking Violations Agency District, rendered June 2, 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 appellant shall perfect the appeal within 60 days of the date of this decision and order on motion.January 4, 2018
