APPELLATE TERM, SUPREME COURT: FIRST DEPARTMENT MOTIONS
The following orders on motion were filed and entered on August 10, 2005

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

570495/05 People -v- Allen, Paul A.
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.

570489/05Cosmopolitan Medical Acupuncture -v- Allstate Insurance Co.
It is Ordered that the motion to consolidate is granted and the time to perfect the appeals is enlarged to the November 2005 term of this court.

570470/05291 Pleasant Avenue, LLC -v- Morris, Deanna E.
It is Ordered that the motion for a stay is granted on condition that the appellant: 1- on or before August 17, 2005, pays the August use and occupancy {$ 436.79] to the petitioner-landlord, 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 no later than the November term - the filing deadline is September 14, 2005. In the event of appellant's failure to comply with the foregoing conditions, petitioner may move on five days' notice for an order vacating the stay. The appeal may proceed on the original record of the trial court and type-written briefs.

570454/05Hall, William A. -v- Geary, Deirdre, et al.
It is Ordered that the motion is granted only to the extent of permitting the Notice of Cross-Appeal to be added to the record on appeal. The Clerk of the Court will add it as the last page of the record. The cross-appellant- respondent's briefs are to be served and filed by September 1, 2005. The motion insofar as it seeks to dismiss the petitioner's appeal is denied, without prejudice to raising the issue in the responding briefs on the appeal. The papers submitted as a cross-motion, not having been timely served, were considered solely in opposition to the motion. [ see CPLR § 2215 ]

570027/05Terzian, Matiros -v- Guzman, Bernandino, et al.
It is Ordered that the motion is granted on default. The appeal is dismissed.

570827/03Rubinstein & Rubinstein -v- Infinite Public Relations, et al.
It is Ordered that the motion for leave to appeal to the Appellate Division-First Department, and for other relief is denied.