APPELLATE TERM, SUPREME COURT: FIRST DEPARTMENT
The following orders on motion were filed and entered on December 9, 2005

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

570176/05 Cooper, Carol -v- Fantastic Cleaners
It is Ordered that the motion to dismiss the appeal for failure to diligently prosecute is granted on default.
In addition, the appellant has failed to serve and file a brief and Notice of Argument, as required by the rules of this Court [ see 22 NYCRR § 640.6(a)(3)(iii) ]. Accordingly, the appeal is dismissed.

By: McCooe, J.P., Davis, Phyllis Gangel-Jacob J.J.

570907/05 Murphy, Stephen -v- Carter III, Ernest
It is Ordered that the motion for a stay is granted on the condition that the appellant : 1 - continues to pay for accruing use and occupancy to the petitioner, without prejudice; and 2- perfects the appeal by the March 2006 term of this court. In the event that the appellant fails to comply with the aforementioned conditions, the landlord may move on five (5) days' notice to vacate the stay.

570902/05 Ahmed, Nadirah -v- 300 E. 96th Street Assoc
It is Ordered that the motion for various relief is denied as academic. The cross-motion to dismiss the appeal as untimely is granted. The appellant's failure to serve and file a Notice of Appeal within thirty-five (35) days after being served with a copy of the order ,with notice of its entry, deprives this Court of jurisdiction to entertain the appeal. ( see CPLR § 5513[a] and 2103[b][2] ). Accordingly, the appeal is dismissed.

570408/05 Security Pacific National Bank -v- O'Keefe, Steven
It is Ordered that the motion to strike portions of the respondent's brief is denied, without prejudice.The Court notes that this point has been raised in the appellant's reply brief, submitted before the December 2006 panel of this Court.

570048/05People -v- Woods, Lester
570473/04350 Central Park West -v- Seiff, Eric
Stipulations "So Ordered" adjourning appeal to the February term.

570764/05Coombs, Pauline -v- Hampton Jitney >> Stipulations "So Ordered"

570919/05252 Wadsworth Associates -v- Garcia, Roberto
It is Ordered that the ex parte application is granted to the extent of vacating the stay (see order)

Six Avenue Chelsea -v- Gourmet Pizza >> Ex-parte application granted.