APPELLATE TERM, SUPREME COURT: FIRST DEPARTMENT MOTIONS
The following orders on motion were filed and entered on July 5, 2005

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

570231/05 Lucero, Tomas, et al. -v- Colon, Norma, et al.
It is Ordered that the motion is granted on default. The stay is vacated.

570173/04Patmar Mgmt. Co. Inc. -v- Lazu, Agripina
It is Ordered that said motion to dismiss the respondent-appellant's appeal as moot is denied. The appeal was decided by order of this Court, dated June 30, 2005.

570406/5Dexter 345, Inc -v- Pissioni, Elena
It is Ordered that the motion to dismiss the appeal as untimely is granted. The appellant's failure to serve and file a Notice of Appeal within thirty five days of service, by mail, of a copy of the order, with notice of its entry, mandates its dismissal.( CPLR § 5513 [a] and 2103[b][2] )

570412/051225 Realty Corp -v- Bethea, Betty
It is Ordered that the motion for a stay is granted on condition that the appellant: 1- on or before July 15, 2005, pays any arrears outstanding to the petitioner, without prejudice; 2- continues to pay for accruing use and occupancy on each subsequent rental due date, without prejudice; and 3- perfects the appeal by the the November term - the filing deadline is September 14, 2005. The appeal may proceed on the original record and file type-written briefs. The motion insofar as it seeks to obtain a copy of the transcript at no cost to the appellant is denied, without prejudice to renew in the trial court. Upon the failure of appellant to satisfy any of the conditions of the stay, respondent may move on five days' notice for an order vacating the stay.