APPELLATE TERM, SUPREME COURT: FIRST DEPARTMENT MOTIONS
The following orders on motion were filed and entered on July 26, 2005

570464/05 John Bal (d/b/a Mergent Services) -v- Flaherty, Marie
It is Ordered that the motion by defendant-respondent for various relief is denied, without prejudice to renew upon proper filing of the moving papers with the Clerk of the Court. (see 22 NYCRR § 640.8[c]).

570458/05 30-40 Associates Corp. -v- Cuervo, Daniel, et al.
It is Ordered that the motion seeking a stay of eviction is granted on the condition that the appellant: (1) on or before August 5, 2005, pays the July and August 2005 use and occupancy, at $835.20 per month, to the petitioner, without prejudice; (2) continues to pay monthly use and occupancy of $835.20 to the petitioner, without prejudice; and (3) perfects the appeal by no later than the November 2005 term - the filing deadline is September 14, 2005. In the event the appellant fails to comply with the foregoing conditions, petitioner may move on five (5) days' notice for an order vacating the stay.

570453/05Scotti, Dominic -v- Tyger Realty Limited
It is Ordered that the motion to dismiss is granted unless the appeal is perfected by the November 2005 term - the filing deadline is September 14, 2005. 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. The papers submitted as a cross-motion, not having been timely served, were considered solely in opposition to the motion. (CPLR § 2215 and 2103[b][2]).

570444/05Davis, Loren -v- Rogers, Gwendolyn
It is Ordered that the motion for a stay is denied.

570393/05 People -v- Bermudez, Jose
It is Ordered that the motion is granted to the extent of granting appellant leave to appeal as a poor person. Judith E. Stein, Esq. of 139 Fulton St., Suite 211, N.Y., N.Y. 10038 (telephone # (212) 233-3348) is assigned as counsel for the appellant to prosecute the appeal pursuant to Section 722 of the County law. See order.

570059/04People -v- Lucas, Marlon
It is Ordered that John Lewis, Esq. of 36 Hemlock Drive, Sleepy Hollow, N.Y. 10591 (telephone # 914 332-8629) is assigned as counsel for the appellant to continue with the prosecution of the appeal pursuant to Section 722 of the County Law. See order.