APPELLATE TERM, SUPREME COURT: FIRST DEPARTMENT
The following orders on motion were filed and entered on October 26, 2005

By: Suarez P.J., McCooe, Gangel-Jacob, J.J.
570821/05 40th Realty vs Klamar, Judith
It is Ordered that the motion to dismiss the appeal of the May 24, 2005 order of the Civil Court for failure to diligently prosecute is granted, on consent. Said appeal is dismissed. The cross- motion for a stay pending the determination of the appeal of the September 23, 2005 order of the Civil Court is granted on condition that the appellant: (1) continues to pay monthly use and occupancy to the petitioner, without prejudice; and (2) perfects the appeal of the September 23, 2005 order, by no later than the February 2006 term of this court. The filing deadline is
December 14, 2005. See order.

570826/05 Null, Stephen vs Trade-Winds Environmental
It is Ordered that the motion to dismiss is granted unless the appeal is perfected by no later than the February 2006 term - the filing deadline is December 14, 2005. See order.

570780/05 512 East 11th Street vs Als, Kelvin
Motion to dismiss the appeal is denied. The appeal has been perfected. On the Court's own
motion, the appeal is adjourned to the January 2006 term.

570347/05 Grabsky, Cynthia vs Jennings, Thomas
Motion is granted to the extent of permitting the respondent's answering briefs to be accepted for
filing nunc pro tunc. Reply briefs, if any, are to be served and filed by November 2, 2005.