APPELLATE TERM, SUPREME COURT: FIRST DEPARTMENT
The following orders on motion were filed and entered on November 22, 2005

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

570878/05 The Gifford Group -v- O'Rourke, Jerry, et al.
It is Ordered that the untimely filed motion to dismiss, returnable on November 10, 2005, and filed with the Court on November 16, 2005, is denied, without prejudice to renew upon timely service and filing of the moving papers with the Clerk of the Court. ( see 22 NYCRR § 640.8[c] and CPLR § 2214[b] and 2103[b][2])

570879/05 People -v- Cheng, Feng
Ordered that the motion is granted to the extent of granting appellant leave to appeal as a poor person. Steven Banks, Esq. of the Legal Aid Society, Criminal Appeals Bureau (199 Water Street, 3rd Floor, NY, NY 10038, Tel # 212 577-3688) is assigned as counsel for the appellant to prosecute the appeal and to serve without compensation. See order.

570889/05 3647 Realty Co. LLC -v- Austin, Jerome
570888/05Caterson, Ruth -v- Sykes, Lorie
570887/05Delano Village Assocs. -v- Gardner, Ronald
Ex-parte applications are declined.

570206/053890 Broadway Realty -v- Polanco, Jose A.
Ex-parte order is granted.