APPELLATE TERM, SUPREME COURT: FIRST DEPARTMENT MOTIONS
The following orders on motion were filed and entered on September 07, 2005

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

570624/05 Graifman vs Oxford Health Plans - Stipulation so ordered.

570637/04 People vs Marzan, Lester (#05-113)
570102/04 People vs Barner, Lamont (#04-210)
Orders signed adjourning the appeals to the November 2005 term.

570272/04 Delavan, Thomas vs Spirounias, John
It is Ordered that the motion for a stay pending the determination of the appeal is granted on condition that the appellant continues to pay for accruing use and occupancy, at the rate previously payable as rent, to the petitioner, without prejudice. The papers submitted as a cross-motion, not having been timely served, were considered solely in opposition to the motion. ( CPLR § 2215 ) See order.

570325/05 JHB vs Martin, Kevin
Motion to vacate the stay and dismiss is granted unless the appeal is perfected by the December 2005 term - filing deadline October 11, 2005. The papers submitted as a cross-motion, not having been timely served, were considered solely in oppositionto
The motion ( CPLR 2215). See order.

By: McCooe, J.P., Davis, Gangel-Jacob J.J.
570571/04 People vs Monferato, Luca
It is ordered that the motion is granted to the extent of continuing the stay of the sentence until the determination of the appeal. That branch of the motion seeking an order directing the District Attorney to provide the master tape and panoramic
viewer is granted to the extent of directing that the District Attorney's office retain
the master tape and panoramic viewer at their facility so that evidence may be
provided to this Court on two days' notice, if requested.

570335/05 Garcia. Theresa vs NYCHA
It is Ordered that the motion to dismiss for failure to perfect 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. See order.

570173/05 Chrysler Financial vs Moore, Walter
It is Ordered that the motion to dismiss the appeal is denied. The appellant's time to perfect the appeal was extended to the January 2006 term of this Court by order of this Court, dated August 31, 2005.





07 September 2005 (continued)

570615/05 85 Realty vs Maddox, Barbara
It is Ordered that the motion for a stay in this holdover licensee proceeding is denied. The Court notes that the issuance of the warrant of eviction was stayed by the trial court through October 30, 2005, provided that the appellant paid the arrears due through July 2005, to the landlord by August 20, 2005. Having failed to comply with the trial court's order, the eviction may now proceed as scheduled.

570610/05 Gucovsky, Marta vs Boston Properties - motion to dismiss granted on default.

570533/05 People vs Sanchez, Juan 570528/05 People vs Butler, Rudolph
570534/05 People vs Barry Bros 570529/05 People vs Radcliff, A.
570535/05 People vs Patterson, Elaine 570530/05 People vs Limongelli, D.
570536/05 People vs Aronja, Manuel 570531/05 People vs Ortega, O.
570537/05 People vs Lugo, Myrna 570532/05 People vs Ortiz, Marlo
Orders signed dismissing the appeals pursuant to Section 640.6(b) of the Rules of this Court.