APPELLATE TERM, SUPREME COURT: FIRST DEPARTMENT MOTIONS
The following orders on motion were filed and entered on August 25, 2005

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

570423/05 Tower West Associates -v- Presley, Nora
It is Ordered that the motion for a stay of the execution of the warrant of eviction is denied, without prejudice. The court notes that a Certificate of Eviction was awarded to the petitioner-landlord on March 17, 2005, after an administrative hearing at the New York City Department of Housing Preservation and Development. Neither the Civil Court nor this Court has jurisdiction to review that determination.

570253/05 465 WEA Owners Corp. -v- Strongwater, Andrea
It is Ordered that the motion to enlarge time to perfect the appeal and continue the stay is granted. The time to perfect the appeal is extended to the November 2005 tem of this court. The motion insofar as it seeks to have this court deem the trial transcript complete and correct is denied, without prejudice to renew before the trial court. [ see NYCCCA § 1704 ]. The cross-motion to strike the record on appeal is denied, without prejudice to renew in the event a proper record on appeal is not submitted to the Clerks' Office. The propriety of the inclusion of an exhibit in the record on appeal may be raised in the petitioner-respondent's answering brief. In the event appellant fails to perfect the appeal for the November 2005 term, the petitioner may move on five (5) days' notice or an order vacating the stay of the legal fees hearing..

570545/04 Bal, John (d/b/a Mergent Services) -v- Sinyavsky, Alexander
It is Ordered that the motion for leave to appeal to the Appellate Division-First Department is denied with $10 costs.

570436/05Heredia, Wendy -v- Withers Bergman, LLP
Stipulation "So Ordered" adjourning the appeal from the October 2005 term to the November 2005 term.