APPELLATE TERM, SUPREME COURT: FIRST DEPARTMENT MOTIONS
The following orders on motion were filed and entered on September 9, 2005

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

570619/05 NYCHA-Martin Luther King, Jr. Houses -v- Covington, Louis
It is Ordered that the motion for a stay is granted on condition that the appellant: 1- continues to pay for accruing use and occupancy at the rate previously payable as rent, on each subsequent rental due date, without prejudice; and 2- perfects the appeal 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 conditions, petitioner may move on five days' notice for an order vacating the stay.

570617/05 People -v- Green, Albert
Ordered that the motion is granted to the extent of granting appellant leave to appeal as a poor person. Laura R. Johnson, Esq. of the Legal Aid Society, Criminal Appeals Bureau (199 Water Street, 3rd Floor, NY, NY 10038, Tel # 212 577-3688) is assigned as counsel for the appellant to prosecute the appeal and to serve without compensation. See order.

570568/05 Heights Realty Associates -v- Al-Harazi, Ali
It is Ordered that the motion for a stay of the execution of the warrant of eviction is granted on condition that the appellant: 1- continues to pay for accruing use and occupancy on each subsequent rental due date, without prejudice; and 2- perfects the appeal by the December 2005 term - the filing deadline is October 11, 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. The appeal may proceed on the original record of the trial court and type-written briefs.

570231/04Bialystoker Center & Bikur Cholim, Inc. -v- Lower East Side Health Care, et al.
It is Ordered that the motion for permission to appeal to the Appellate Division - First Department is denied.

570626/05Spivak, Howard B., et al. -v- Abrahamson, Gail
Stipulation "So Ordered" adjourning the appeal to the November 2005 term.

570496/05McIntosh, Peggy -v- N.Y. Foundation/Sr. Citizens, et al.
Stipulation "So Ordered" adjourning the appeal to the November 2005 term.

570630/05401 West 14th Realty LLC -v- Poltrioneri, Melody
Ex-parte application is declined.

570629/05515 West 46th Street, Inc. -v- Christopher J. Inc., et al.
Ex-parte application is signed.