APPELLATE TERM, SUPREME COURT: FIRST DEPARTMENT MOTIONS
The following orders on motion were filed and entered on August 12, 2005

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

570507/05 People -v- Colon, Edward
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.

570492/05Fabiano, Frank -v- Oliver, Rosanne
It is Ordered that the motion seeking to dismiss the appeal is granted on the condition that appellant perfects the appeal by the December 2005 term. In the event the appellant fails to file reproduced records on appeal, briefs and a Notice of Argument by October 11, 2005, plaintiff may move on five days' notice for an order dismissing the appeal. No further extension of time will be granted.

570491/05Seb Immobilien-Investment GMBH -v- The Bird House 11, et al.
It is Ordered that the motion seeking a stay is granted on the condition that - (1) appellant pays outstanding arrears of $15,517.30 by August 22, 2005, without prejudice; (2) that appellant pays continuing monthly use and occupancy as previously paid, without prejudice; and (3) that appellant perfects its appeal for the December 2005 term of this court, the filing date for which is October 11, 2005. In the event appellant fails to comply with any of the aforementioned conditions, the petitioner may move on five (5) days' notice for an order vacating the stay.

570464/05Bal, John -v- Flaherty, Marie
It is Ordered that the motion to strike the record on appeal, or in the alternative, to strike material from the record, is denied, without prejudice to raising these issues in the answering briefs. The motion to dismiss the appeal is denied. The appeal has been perfected for the October 2005 term.

570028/05Giffuni Bros. -v- Sasso, Giuseppe
It is Ordered that the motion to vacate the stay is denied, without prejudice to renew in the event the appellant fails to comply with the orders of this Court. The August use and occupancy is to be tendered to the petitioner, without prejudice, by August 19, 2005.

570573/04157 East 57th St, LLC -v- Birrenbach, Thomas, et al.
It is Ordered that the appeal is withdrawn.

570368/05Grullon, Santiago, et al. -v- Park, Yong Il, et al.
570242/05Grogan, David, et al. -v- Laura Shapiro Kramer Assocs.
Stipulation "So Ordered" adjourning the appeals to the October 2005 term.