APPELLATE TERM, SUPREME COURT: FIRST DEPARTMENT MOTIONS
The following orders on motion were filed and entered on June 23, 2005
By: Suarez, P.J., Davis, Gangel-Jacob J.J.
570395/05 Hecht, Hubert, M.D. -v- Digital Broadcast Corp.
It is Ordered that the motion to dismiss is granted unless the appeal is perfected by the November 2005 term of this court, the filing date for which is September 14, 2005. Five copies of the reproduced Record on Appeal, five copies of the brief and a Notice of Argument form are to be served and filed by that date. In the event of appellant's failure to comply with the foregoing condition, respondent may move on five days' notice for an order dismissing the appeal.

570392/05 Carnegie Hill Orthopedic Services, P.C., et al. -v- Travelors Property, et al
It is Ordered that the motion to consolidate the appeal is granted. The appeals may proceed on one set of records on appeal and one set of briefs. The appellant's time to perfect the appeals is extended to the October 2005 term. The filing deadline is August 10, 2005.

570380/05 People -v- Lewis, Keith
Ordered that the motion is granted to the extent of granting appellant leave to appeal as a poor person. Laura R. Johnson, 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.

570366/05214 East 90th Street Associates -v- Smith, Nadja
It is Ordered that the motion to re-instate the stay of the execution of the warrant of eviction is denied, without prejudice to renew with proof of ability to pay the arrears outstanding, exceeding $4,000.00.

570306/05Kiamie Princess Marion Realty -v- Vidol, John
It is Ordered that the motion is granted only to the extent of continuing the stay of the execution of the warrant of eviction, to and including September 15, 2005. If, prior to that date, the appeal has been perfected for the November 2005 term, the appellant is current in the payment of use and occupancy, and no further acts of nuisance have been committed by the appellant in the building, then the latter may move for a further extension of the stay. Otherwise, the warrant of eviction may be enforced after September 15, 2005. The motion insofar as is seeks poor person relief is granted only to the extent of permitting the appeal to proceed on the original record of the trial court and type-written briefs. The application to obtain the transcript without charge is denied, without prejudice to renew in the trial court. In the event the appellant fails to timely tender accruing use and occupancy, or, if the appellant interferes with the other tenants' right to the safe and quiet enjoyment of their respective apartments, the petitioner-landlord may move on three days' notice for an order vacating the stay.

570475/04Bombora Houses, Inc. -v- Dufour Pastry Kitchen, Inc.
It is Ordered that the motion to intervene is denied; and
It is Ordered that the cross-motion to dismiss the appeal as moot is denied.