APPELLATE TERM, SUPREME COURT: FIRST DEPARTMENT MOTIONS
The following orders on motion were filed and entered on August 17, 2005

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

570518/05 Ortiz., Su-Ren -v- Union Radio Dispatcher Inc.
It is Ordered that the motion is granted on default, to the extent of dismissing the appeal. Appeal dismissed.

570510/05Niles, Cynthia -v- Kay, Mitchell N.
It is Ordered that the motion is granted to the extent of permitting the appeal to proceed on the original record of the trial court and type-written briefs.

570509/05First Hudson Capital, LLC -v- Seaborn, Ron
It is Ordered that the motion is seeking a stay of the eviction and the hearing in the Civil Court is granted on the condition that the appellant continues to pay monthly use and occupancy [ $972.50 / month] without prejudice, and that appellant perfects the appeal by the January 2006 term of this court. The filing deadline is November 9, 2005. In the event that appellant fails to comply with either of the aforementioned conditions, petitioner may move on five (5) days' notice for an order vacating the stay.

570502/05Militana, Fred, et al. -v- Brecht, Patricia
It is Ordered that the motion to dismiss the appeal is granted on default. The appeal is dismissed.

570319/05B&B Manhattan, LLC -v- Sack, Petezi, et al.
It is Ordered that the motion is granted to the extent of enlarging the time to perfect the appeal for the November 2005 term of this court. Use and occupancy, commencing with the October 2005 payment, is to be tendered to the petitioner at the rate of $1,200.oo per month, without prejudice. In the event that appellant fails to comply with any of the orders of this court, the petitioner may move on five (5) days' notice for an order vacating the stay. The prior order of this court is modified accordingly.

570223/05Hudson Overlook LLC -v- Kyle, William, et al.
It is Ordered that the motion for various relief is denied, without prejudice to renew upon proper filing of the moving papers with the Clerk of the Court. [22 NYCRR § 640.8].

570159/05Brecht, Patti -v- Militana, Mark, et al.
It is Ordered that the motion seeking to dismiss the appeal is granted on default. Appeal dismissed.

570174/05Berggran, Elizabeth -v- Temlock, Caroline
It is Ordered that the motion to dismiss the appeal from the March 22, 2004 order of the Civil Court is granted. The appellant has failed to diligently prosecute the appeal since filing the Notice of Appeal over one year ago, and in spite of the order of this Court requiring its prompt perfection. [ see 22 NYCRR § 640.6] Accordingly, the appeal is dismissed.

570611/04Martinez, Daisy, et al. -v- EP Realty Assoc., et al.
It is Ordered that the appeal is withdrawn.