APPELLATE TERM, SUPREME COURT: FIRST DEPARTMENT MOTIONS
The following orders on motion were filed and entered on August 31, 2005

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

570583/05 Oxford Towers Co., LLC -v- Leites, Justin, et al
It is Ordered that the motion for a stay of the trial in this summary hold-over proceeding is granted on condition that the appeal is perfected by the November 2005 term. In the event of appellant's failure to comply with the foregoing condition, petitioner-respondent may move on five days' notice for an order vacating the stay.

570539/05 15th Associates LLC -v- Pamblanco, Thomas
It is Ordered that the motion seeking a stay is granted on the condition that appellant perfects the appeal by the December 2005 term of this court, the filing date for which is October 11, 2005, and appellant continues paying use and occupancy to the landlord, without prejudice. In the event the appellant fails to comply with either condition, petitioner may move on five (5) days' notice for an order vacating the stay. The guardian should immediately have the apartment and bathroom thoroughly cleaned. In the event the nuisance continues or the odor persists beyond September 16, 2005, the petitioner may move on five days' notice for an order vacating this conditional stay.

570698/04428 East 66th St., LLC -v- Meirowitz, Spencer
It is Ordered that the motion to strike the petitioner-respondent's answering brief is denied. As the prior order of this Court states, only exhibits that are referred to as - "A" through "O", annexed to the August 25, 2005 motion to supplement the record, will be considered by this Court on the appeal.

570698/04428 East 66th St., LLC -v- Meirowitz, Spencer
It is Ordered that the motion to release the funds on deposit with the Finance Administrator is denied. The judgment amount of $16,280.00 is to remain on deposit pending the determination of the appeal. The Court notes that, in addition to the judgment amount on deposit, the trial court refers to additional arrears of $19,677.58 that were discharged in Bankruptcy Court.

570512/04Riverview Development Holding Co. -v- Calderon, Maria, et al
It is Ordered that the motion for reargument or for leave to appeal to the Appellate Division - First Department is denied.

570194/04Riverton Associates -v- Garland, Wanda
It is Ordered that the motion to vacate the stay and dismiss the appeal is granted unless the appeal is perfected by the December 2005 term - the filing deadline is October 11, 2005. In the event of appellant's failure to comply with the orders of this Court, petitioner may move on five days' notice for an order vacating the stay and dismissing the appeal.

570116/03K&S of New York Corp. -v- Sushi of Nao Int'l. et al
It is Ordered that the motion by Allyn & Fortuna for permission to appeal to the Appellate Division - First Department is denied.

570116/03K&S of New York Corp. -v- Sushi of Nao Int'l. et al
It is Ordered that the motion by K&S of New York and K. Sato for leave to appeal to the Appellate Division - First Department is denied.