APPELLATE TERM, SUPREME COURT: FIRST DEPARTMENT
The following orders on motion were filed and entered on November 30, 2005

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

570412/04 TOA Construction Co. Inc. -v- Thomas, Joseph Dwayne
It is Ordered that the motion for leave to appeal to the Appellate Division - First Department and for other relief is denied.

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

570584/05People -v- Ortiz, Benito
It is ordered that the motion is granted to the extent of vacating the Appellate Term order, dated September 8, 2005, and enlarging appellant's time to perfect the appeal to the March 2005 term of this Court. The last day to file for the March 2005 term is January 11, 2006.

570713/04 Romad Realty Inc. -v- Wan, Charmaine
It is Ordered that the motion is granted to the extent of vacating the conditional stay. The appellant has failed to pay accruing use and occupancy to the petitioner-landlord pending the determination of the appeal and the appellant has recently vacated the apartment and the landlord has retaken possession of the premises.

570891/05McDonnell, Francis -v- Valentine, June
It is Ordered that the motion for a stay is denied.

570899/05Timmons, Samuel L. -v- Apionishev, Sergey
570900/05Madison Courts -v- Morris, Daphne
570901/05Bradhurst West 154 LLC -v- Bailey House Inc., Edwards, Oliver
Ex-parte applications are declined.