APPELLATE TERM, SUPREME COURT: FIRST DEPARTMENT
The following orders on motion were filed and entered on December 13, 2005

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

570085/05 Arias, Rafael -v- Allstate Ins Co
It is Ordered that the motion for reargument or for leave to appeal to the Supreme Court - Appellate Division - First Department is denied.
By: McCooe, P.J., Davis, Gangel-Jacob, J.J.
570442/05People -v- Cooper, Philip
Ordered that the motion is granted to the extent of granting appellant leave to defend the 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 defend the appeal and to serve without compensation.

570493/0569 Bennett Ave -v- Guzman, Marie
It is Ordered that the motion is denied, without prejudice to renew in the event the appellants fail to tender the October, November and December 2005 use and occupancy to the petitioner-landlord, or to the landlord's attorney's office, on or before December 21, 2005.

570208/05R.F. Game, Inc -v- Santiago, Herminio
It is Ordered that the motion for the continuation of the stay of the execution of the warrant of eviction is denied without prejudice to renew upon proof of payment of use and occupancy to the petitioner-landlord.
The Court notes that the appellant has failed to provide access to the petitioner's contractors, working with Housing Preservation and Development, who have rehabilitated all the apartments in the building except the appellant's. Accordingly, the conditional stay is vacated.

570099/04 People -v- Cornejo, Antonio
It is ordered that the motion is granted. The appeal is adjourned to the February 2006 term.

570173/05 Chrysler Financial Corp -v- Moore, Walter
It is ordered that the motion is granted. The appeal is adjourned to the February 2006 term.

570442/04People -v- Murray, Shytell
570218/04 People -v- Pena, Edmond
570349/05People -v- Rodriguez, Carlos
Stipulations "So Ordered" to the March Term

570867/05Sumbal Realty -v- Michel, Julio >>> Ex-parte application declined.