First Department Motions
THE FOLLOWING MOTION ORDERS WERE ENTERED AND FILED ON APRIL 19, 2005
Buckley, P.J., Tom, Mazzarelli, Andrias, Saxe, JJ.

M-1523X     Hernandez v North Fork Bank

M-1545X     JVL Corporation v Apple Photo Systems, Inc.

M-1524X     Freeman v 510 Manhattan Affordable Housing LP

M-1554X     Varona v Esga Inc.

M-1555X     Ferrester v Rothko

Appeals withdrawn.

Buckley, P.J., Tom, Mazzarelli, Andrias, Saxe, JJ.

M-1559     Westchester Fire Insurance Company v MCI Communications Corporation
(And a third-party action)

Appeal, previously perfected for the May 2005 Term, withdrawn.

Buckley, P.J., Tom, Mazzarelli, Andrias, Saxe, JJ.

M-1544X     Yodice v Watch Holdings, LLC.
(And a third-party action)

Appeal and cross appeal withdrawn.

Buckley, P.J., Tom, Mazzarelli, Andrias, Saxe, JJ.

M-1408     People v Glover, John

Leave to prosecute appeal as a poor person granted, as indicated.

Buckley, P.J., Tom, Mazzarelli, Andrias, Saxe, JJ.

M-1410     People v Johnson, Lawrence

Leave to prosecute appeal as a poor person granted, as indicated.

Buckley, P.J., Tom, Mazzarelli, Andrias, Saxe, JJ.

M-1412     People v McCant, Clarence

Leave to prosecute appeal as a poor person granted, as indicated.

Buckley, P.J., Tom, Mazzarelli, Andrias, Saxe, JJ.

M-1428     People v Nelson, Axel

Leave to respond to appeal as a poor person granted, as indicated.

Buckley, P.J., Tom, Mazzarelli, Andrias, Saxe, JJ.

M-1429     People v Nunez, Francisco
M-1534
Leave to respond to appeal as a poor person granted, as indicated.

Buckley, P.J., Tom, Andrias, Friedman, Sullivan, JJ.

M-879     People v Wilson, John

Leave to withdraw as counsel granted; appeal dismissed.

Buckley, P.J., Tom, Andrias, Friedman, Sullivan, JJ.

M-766     People v Bautista, Amauris

Leave for juror contact information denied.

Buckley, P.J., Tom, Andrias, Friedman, Sullivan, JJ.

M-1415     American Re-Insurance Company v United States Fidelity & Guaranty Company

Enlargement of record on appeal and other relief denied.

Buckley, P.J., Tom, Saxe, Friedman, Sweeny, JJ.

M-893     People v Romero, Robert

Enlargement of time to file pro se supplemental brief denied, as moot.

Buckley, P.J., Tom, Saxe, Friedman, Sweeny, JJ.

M-262     In the Matter of C., Jason v G., Chenise

Appeal dismissed, as moot.

Buckley, P.J., Mazzarelli, Ellerin, Williams, Sweeny, JJ.

M-1386     Zombek v Holden

Time to perfect appeal enlarged to the September 2005 Term, as indicated.

Buckley, P.J., Friedman, Marlow, Sweeny, JJ.

M-1104     People v Scullark, Norman

Leave to strike portions of defendant's brief denied, as indicated; appeal adjourned to the October 2005 Term. Motion otherwise denied.

Tom, J.P., Mazzarelli, Marlow, Nardelli, Sweeny, JJ.

M-1419     People v Gil, Lorenzo, also known as Lorenzo, Gil

Moving papers deemed a timely filed notice of appeal; leave to prosecute appeal as a poor person granted, as indicated.

Tom, J.P., Mazzarelli, Marlow, Nardelli, Sweeny, JJ.

M-1422     People v Adams, Kellen

Notice of appeal deemed timely filed; leave to prosecute appeal as a poor person granted, as indicated.

Tom, J.P., Mazzarelli, Marlow, Nardelli, Sweeny, JJ.

M-1462     Gabe Construction Corp. v Agresti Construction Co., Inc.

Stay and other relief denied.

Tom, J.P., Andrias, Friedman, Sullivan, Nardelli, JJ.

M-883     Prince Fashions, Inc. v 542 Holding Corp.
M-1176
Reargument or other relief denied, as indicated; cross motion granted only to the extent indicated, and otherwise denied.

Tom, J.P., Andrias, Marlow, Ellerin, Sweeny, JJ.

M-1080     People v Rivera, Pedro

Motion deemed withdrawn.

Tom, J.P., Andrias, Marlow, Ellerin, Sweeny, JJ.

M-1283     Jamison v New York Housing Authority

Time to perfect appeal enlarged to the September 2005 Term; leave to prosecute appeal as a poor person denied, with leave to renew, as indicated.

Tom, J.P., Friedman, Ellerin, Sweeny, Catterson, JJ.

M-1360     Weissbrod (Gurvey) v Lynch

Leave to file motion with this Court denied.

Tom, J.P., Marlow, Sullivan, Nardelli, Williams, JJ.

M-1135     Ochei v Helene Fuld College of Nursing of North General
M-1300 Hospital

Appeal deemed perfected for the September 2005 Term; dismissal of appeal denied.

Mazzarelli, J.P., Saxe, Ellerin, Williams, Sweeny, JJ.

M-1179     Skadden, Arps, Slate, Meagher & Flom, LLP v Angulo

Reargument denied.

Andrias, J.P., Saxe, Sullivan, Ellerin, Williams, JJ.

M-1352     People v Martinez, Manuel

Appeal deemed withdrawn.

Andrias, J.P., Saxe, Sullivan, Ellerin, Williams, JJ.

M-1435     Fontaine v Matthews

Appeal dismissed unless perfected for the October 2005 Term, as indicated.

Andrias, J.P., Saxe, Sullivan, Ellerin, Williams, JJ.

M-764     People v Castro, Eddie

Dismissal of appeal denied. (See M-1305 decided simultaneously herewith).

Andrias, J.P., Saxe, Sullivan, Ellerin, Williams, JJ.

M-1305     People v Castro, Eddie

Leave to prosecute appeal from the judgment of the Supreme Court, New York County, rendered on or about February 21, 2001 (Ind. No. 5308/00) as a poor person granted, as indicated. Enlargement of time to file notice of appeal from the judgment of said Court, rendered on or about May 16, 2001 (Ind. No. 575/01), and other relief denied. (See M-764 decided simultaneously herewith).

Andrias, J.P., Saxe, Sullivan, Ellerin, Williams, JJ.

M-1333     People v Chambers, Charles

Moving papers deemed a timely filed notice of appeal; leave to prosecute appeal as a poor person granted, as indicated.

Andrias, J.P., Saxe, Sullivan, Ellerin, Williams, JJ.

M-1337     People v Murray, Cheryse

Notice of appeal deemed timely filed; leave to prosecute appeal as a poor person granted, as indicated.

Andrias, J.P., Saxe, Sullivan, Ellerin, Williams, JJ.

M-1339     People v Perry, Demetrius

Notice of appeal deemed timely filed; leave to prosecute appeal as a poor person granted, as indicated.

Andrias, J.P., Saxe, Sullivan, Ellerin, Williams, JJ.

M-1345     New York City Off-Track Betting Corp. v Safe Factory Outlet, Inc.

Time to perfect appeal enlarged to the September 2005 Term.

Andrias, J.P., Saxe, Sullivan, Ellerin, Williams, JJ.

M-1351     Bear, Stearns & Co., Inc. v Enviropower, LLC

Time to perfect appeal enlarged to the September 2005 Term, as indicated.

Andrias, J.P., Saxe, Sullivan, Ellerin, Williams, JJ.

M-1383     Board of Managers of the 471 Broadway Condominium v 471 Broadway LLC

Time to perfect appeal enlarged to the September 2005 Term.

Marlow, J.P., Ellerin, Nardelli, Williams, Sweeny, JJ.

M-1049     People v White, Jaydee, also known as White, JayDee

Leave to file pro se supplemental brief granted for the September 2005 Term, to which Term appeal adjourned.

Marlow, J.P., Ellerin, Nardelli, Williams, Sweeny, JJ.

M-1288     Mogilansky v 250 Broadway Associates, Corp.

Time to perfect appeal enlarged to the November 2005 Term.

Marlow, J.

M-1377     People v Stump, Antonio

Leave to appeal to this Court denied.

The following orders were entered and filed on April 14, 2005:
Buckley, P.J., Sullivan, Ellerin, Williams, Catterson, JJ.

M-1405     1010 Sixth Avenue Associates, LLC v 1010 6th Ave. Corp.

Stay granted on condition appeal from the order of the Supreme Court, New York County, entered on or about March 4, 2005 perfected for the September 2005 Term, as indicated. Appeal from order of said Court entered on or about March 22, 2005 dismissed.

Tom, J.P., Andrias, Saxe, Friedman, Nardelli, JJ.

M-1443     Soumayah v Minelli

Defendants-appellants directed to serve and file supplemental record on appeal on or before May 6, 2005 along with reply brief.

Andrias, J.P., Saxe, Sullivan, Ellerin, Williams, JJ.

M-1344     Brockman v Brockman

Stay denied.