APPELLATE TERM, SUPREME COURT: FIRST DEPARTMENT MOTIONS
The following orders on motion were filed and entered on August 30, 2005

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

570570/05 Seiken, Jerry, et al. -v- Helmsley-Spear, Inc., et al.
It is Ordered that the motion to dismiss is granted on default. The appeal is dismissed.

570569/05Berger, Sidney H. -v- Damasco, Gino
It is Ordered that the motion to dismiss is granted on default. The appeal is dismissed.

570542/05First Avenue Village Corp. -v- Harrison, Alexander
It is Ordered that the motion for a stay of the hearing is granted on condition that the appeal is perfected by no later than the December 2005 term - the filing deadline is October 11, 2005. In the event of appellant's failure to comply with the foregoing condition, respondent may move on five days' notice for an order vacating the stay.

570491/05Seb Immobilien-Investment GMBH -v- The Bird House, et al.
It is Ordered that the stay, previously issued by this court, is hereby vacated.

570237/0569th Tenants Corp. -v- Duane Reade
It is Ordered that the motion to modify the stay is granted to the extent of reducing the undertaking to be posted to the sum of $250,000.00. On going use and occupancy is to be paid at the rate set by the trial court. The cross-motion for various relief is denied.

570025/05St. Clarks Properties -v- McEntee, Patrick, et al.
It is Ordered that the motion is granted only to the extent of directing the payment of $1,289.99 per month, by the respondent to the petitioner-landlord, without prejudice, by the fifth day of each month, commencing in September 2005, pending the determination of the appeal.

570017/05NYC Housing & Dev. -v- Arias, Altagracia
It is Ordered that the motion to re-instate the stay of the eviction in this narcotics holdover proceeding is denied, without prejudice to renew after the appeal has been perfected.

570650/04Hip Hop Fries Shop Inc. -v- Gibbons Realty Corp., et al.
It is Ordered that the motion to dismiss is granted unless the appeal is perfected by no later than the January 2006 term of this court. The filing deadline is November 9, 2005. No further extension of time will be granted. In the event of appellant's failure to comply with the foregoing condition, respondent may move on five days' notice for an order dismissing the appeal.