APPELLATE TERM, SUPREME COURT: FIRST DEPARTMENT MOTIONS
The following orders on motion were filed and entered on September12, 2005

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

570622/05 Schweitzer, Esperanza -v- Druz, Ari A.
It is Ordered that the motion seeking to dismiss the appeal is granted on default.

570620/05 People -v- Goris, Juan
Ordered that the motion is granted to the extent of granting appellant leave to appeal as a poor person as to docket # 2004NY071389. Michelle Hauser of 415 Madison Ave, 22nd Fl, NY, NY 10017 (telephone # 212 688-6400) is assigned as counsel for the appellant to prosecute the appeal pursuant to Section 722 of the County law.

570627/05East Midtown Plaza Housing Co., Inc. -v- Hunan Lake Restaurant Corp.
It is Ordered that the marshal may proceed with the eviction, scheduled for Monday September 12, 2005, without having to re-serve the Marshal's five(5) day notice. A copy of this order, along with the order denying the respondent-appellant's application for a stay and the supporting papers for the ex parte application, are to be served on the respondent-appellant's attorney and proof of such personal service must be filed with the Clerk of the Court prior to the eviction taking place.

570627/05 East Midtown Plaza Housing Co., Inc. -v- Hunan Lake Restaurant Corp.
It is Ordered that the motion and the ex parte application are consolidated for the purpose of disposition. The appellant's motion for a stay is denied. All interim stays are vacated. The eviction may proceed as scheduled, after personal service of a copy of this order upon the appellant's attorney and filing proof of such service with the Clerk of the Court.

570621/05Carlson, Bruce -v- Magnum Real Estate Services, Inc.
It is Ordered that the motion to dismiss the appeal is granted on default.

570479/05Highbridge Park Partners, LLC -v- Valdez, Yanet, et al.
It is Ordered that the motion for a stay is granted on condition that the appellant: 1) on or before September 26, 2005, pays the July, August and September use and occupancy, at the rate of $541.74 per month, to the petitioner without prejudice; 2) continues to pay for accruing use and occupancy to the petitioner, without prejudice; and 3) perfects the appeal by no later than the January 2006 term - the filing deadline is November 9, 2005. In the event of appellant's failure to comply with the foregoing conditions, petitioner may move on five days' notice for an order vacating the stay.

11678 Realty Co. LLC -v- Torrence, Georgina >> Ex-parte application is granted.

570427/05785 Mace Ave. Rlty., LLC -v- Horn, Angelina >> Ex-parte application is declined.