APPELLATE TERM, SUPREME COURT: FIRST DEPARTMENT
The following orders on motion were filed and entered on January 25, 2006.

By: McCooe, J.P., Gangel-Jacob, Schoenfeld, J.J.

570285/05 Nagel, Michael -v- Harte, Valerie
It is Ordered that the motion for reargument or for leave to appeal to the Appellate Division-First Department is denied.

570430/04Haber, Robert -v- Citibank, N.A.
It is Ordered that the motion for leave to appeal to the Appellate Division-First Department is denied.

By: Suarez P.J., McCooe, Schoenfeld, J.J.

570042/06Atlantic Westerly Co. LLC -v- Cohen, Jonathan, et al.
It is Ordered that the landlord's motion for a stay of the enforcement of the judgment and warrant of eviction is denied as academic. The Court notes that once the summary proceeding has been dismissed, then no warrant of eviction will be issued by the trial court. The petitioner-landlord's application for a stay of the attorney's fee hearing is denied, without prejudice to renew after the appeal has been perfected. The papers submitted as a cross-motion, not having been timely served, were considered solely in opposition to the motion. ( CPLR § 2215 and 2103[b][2] )

570509/05 First Hudson Capital, LLC -v- Seaborn, Ron
It is Ordered that the motion is granted to the extent of continuing the stay pending the determination of the appeal on condition that accruing use and occupancy, at the rate previously payable as rent, is tendered to the petitioner, without prejudice, on each subsequent rental due date. In the event of appellant's failure to comply with the foregoing condition, petitioner may move on five days' notice for an order vacating the stay. The cross-motion for market rate use and occupancy is denied. [ cal # 06-080 - March 2006 term]

Triangle Housing Associates -v- Flood, Tawnya
Ex-parte application is granted.