First Department Motions
THE FOLLOWING MOTION ORDERS WERE ENTERED AND FILED ON APRIL 22, 2004
Buckley, P.J., Nardelli, Tom, Andrias, JJ.

M-1564X     Tropea v Gern
(And a Third Party Action)

Appeal withdrawn.

Buckley, P.J., Nardelli, Tom, Andrias, JJ.

M-1565X     Whiting, also doing business as "The
Waterman Group, LLC" v Adams

Appeal withdrawn.

Buckley, P.J., Nardelli, Tom, Andrias, JJ.

M-1566X     Fiorilla v Petrylak

Appeals withdrawn.

Buckley, P.J., Tom, Sullivan, Williams, JJ.

M-995     People v Vizcaino, Socrates

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

Buckley, P.J., Tom, Sullivan, Williams, JJ.

M-996     People v Chenet, Juan

Moving papers deemed a timely filed notice of appeal.

Buckley, P.J., Tom, Sullivan, Williams, JJ.

M-1167     People ex rel. Davis, Terrance v Warden

Leave to prosecute appeal as a poor person granted to the extent indicated.

Buckley, P.J., Tom, Sullivan, Williams, JJ.

M-1241     Martin Motor Sales, Inc., doing business as Martin Manhattan Volvo v Anglero

Appeal dismissed unless perfected for the September 2004 Term, as indicated.

Buckley, P.J., Tom, Sullivan, Williams, JJ.

M-1336     Tavella v Tavella

Stay granted on condition appeal perfected for the September 2004 Term, as indicated.

Buckley, P.J., Tom, Sullivan, Williams, JJ.

M-1400     Eramo v Doe

CPLR 5704(a) relief denied, without prejudice to renewal, as indicated.

Buckley, P.J., Sullivan, Ellerin, Williams, Gonzalez, JJ.

M-286     Herrmann v The Sklover Group, Inc.

Reargument or other relief denied.

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

M-621     People v Green, Ronald

Dismissal of appeal denied, with leave to renew, as indicated.

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

M-624     People v Hoyt, Justin

Dismissal of appeal denied, with leave to renew, as indicated.

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

M-625     People v Andino, Jose

Dismissal of appeal denied, with leave to renew, as indicated.

Nardelli, J.P., Mazzarelli, Andrias, Saxe, Williams, JJ.

M-636     In re Arc Electrical & Mechanical Contractors Corp. v Invensys Building Systems Inc.

Leave to appeal to the Court of Appeals denied.

Nardelli, J.P., Mazzarelli, Saxe, Ellerin, Friedman, JJ.

M-634     People ex rel. Jackson, Tyrone L. v Warden
M-1021     (And Other Actions)

Counsel relieved; appeals dismissed. Substitution of assigned counsel denied. (See M-886 and M-1095, decided simultaneously herewith.)

Nardelli, J.P., Mazzarelli, Saxe, Ellerin, Friedman, JJ.

M-1095     People ex rel. Jackson, Tyrone L. v Warden

Leave to prosecute appeal as a poor person denied, as indicated. (See M-634, M-1021 and M-886, decided simultaneously herewith.)

Nardelli, J.P., Mazzarelli, Saxe, Ellerin, Friedman, JJ.

M-886     People ex rel. Jackson, Tyrone L. v Warden

Writ of habeas corpus granted; matter transferred to Supreme Court, New York County, as indicated; motion otherwise denied. (See M-634, M-1021 and M-1095, decided simultaneously herewith.)

Nardelli, J.P., Mazzarelli, Ellerin, Friedman, JJ.

M-946     Poster v Poster

Reargument or other relief denied.

Nardelli, J.P., Andrias, Sullivan, Ellerin, JJ.

M-1576     Serrano v 432 Park South Realty Co., LLC

Stay of all proceedings, including trial, granted.

Nardelli, J.P., Saxe, Sullivan, Gonzalez, JJ.

M-1009     Stocker v Sheehan
M-1500
Preference granted; Clerk directed to maintain scheduled hearing of appeal for the June 2004 Term, and motion otherwise denied; sanctions and other relief denied.

Nardelli, J.P., Saxe, Sullivan, Gonzalez, JJ.

M-1392     People v Lopez, Dencil

Leave to file pro se supplemental brief granted for the October 2004 Term, to which Term appeal adjourned.

Nardelli, J.P., Saxe, Sullivan, Gonzalez, JJ.

M-1448     Friedman v Garey

Stay granted to the extent of continuing the interim relief granted by order of a Justice of this Court, dated March 25, 2004; motion otherwise denied.

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

M-1054     Coombs v Ferguson

Appeal dismissed.

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

M-1075     People v Hernandez, Julio

Enlargement of time to file notice of appeal and related relief denied.

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

M-3072     People v Smith, Warren

Respondent directed to provide, under seal, certain grand jury minutes under Ind. No. 4158/99 for in camera inspection, as indicated; Clerk of Supreme Court, New York County, directed to provide to this Court jury notes contained under Ind. No. 8222/99.

Tom, J.P., Andrias, Saxe, Williams, JJ.

M-5921     People v Polanco, Martiano, also known as Polanco, Martiniano

Leave to prosecute appeal as a poor person denied, with leave to renew, as indicated.

Mazzarelli, J.P., Saxe, Williams, Lerner, Marlow, JJ.

M-727     Smith v Cattani

Reargument denied.

Mazzarelli, J.P., Williams, Friedman, Gonzalez, JJ.

M-1202     Kaufman v Tudor Realty Services Corp.

Reargument or other relief denied.

Andrias, J.P., Ellerin, Lerner, Gonzalez, JJ.

M-1069     Gonzalez v New York City Housing Authority

Enlargement of time to perfect proceeding and other relief denied; proceeding dismissed.

Andrias, J.P., Ellerin, Lerner, Gonzalez, JJ.

M-1304     RAB Contractors, Inc. v Fink, doing
M-1449 business as Magical Design
(And Other Actions)

Appeals consolidated; time to perfect same enlarged to the September 2004 Term, as indicated.

Andrias, J.P., Sullivan, Friedman, Marlow, JJ.

M-778     People v Ventura, Jaysen

Enlargement of record on appeal granted, as indicated; time to perfect appeal enlarged to the September 2004 Term.

Andrias, J.P., Ellerin, Lerner, Gonzalez, JJ.

M-1106     People v Valdez, Ramon

Enlargement of record on appeal granted, as indicated; time to perfect appeal enlarged to the September 2004 Term.

Andrias, J.P., Ellerin, Lerner, Gonzalez, JJ.

M-1108     People v Martinez, Moises, also known as Alcantara, Moises Martinez, also known as Martines, Moises

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

Andrias, J.P., Ellerin, Lerner, Gonzalez, JJ.

M-1058     People v Smith, Elton

Time to perfect appeal enlarged to the October 2004 Term.

Andrias, J.P., Ellerin, Lerner, Gonzalez, JJ.

M-1107     People v Pagan, David

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

Andrias, J.P., Ellerin, Lerner, Gonzalez, JJ.

M-1231     People v Oms, Robert

Time to perfect appeal enlarged to the September 2004 Term.

Andrias, J.P., Ellerin, Lerner, Gonzalez, JJ.

M-1224     Rafaelova v The City of New York

Time to perfect appeal enlarged to the September 2004 Term.

Andrias, J.P., Williams, Friedman, Marlow, Gonzalez, JJ.

M-1209Gelfond v Fortune Brands, Inc.

Stay of discovery proceedings and trial denied; appeal dismissed, as indicated.

Saxe, J.P., Williams, Marlow, Gonzalez, JJ.

M-1181     People v Castillo, Nelson, also known as Ramirez, Orlando

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

Nardelli, J.

M-1418     People v Santos, Nestor

Leave to appeal to this Court granted, as indicated.

Tom, J.

M-207     People v Moye, Gregory, also known as Smalls, Gregory

Leave to appeal to this Court denied.

Saxe, J.

M-576People v Garcia, David

Leave to appeal to this Court granted, as indicated.

Friedman, J.

M-5600     People v Lineberger, Jerry

Bail or release on own recognizance denied.

Marlow, J.

M-878     People v Torres, Jayson

Leave to appeal to this Court and other relief denied.

Gonzalez, J.

M-139People v Torres, Johnnie

Leave to appeal to this Court denied.



Gonzalez, J.

M-438In the Matter of Northern v Hernandez

Leave to appeal to this Court granted.

Nardelli, J.P., Saxe, Ellerin, Williams, Friedman, JJ.

In the Matter of Attorneys Who Are in Violation
of Judiciary Law Section 468-a:

M-1198Eduardo M. Carreras, admitted on April 9, 1979,
at a Term of the Appellate Division,
First Department

Respondent reinstated as an attorney and counselor-at-law in the State of New York, effective the date hereof. No opinion. All concur.

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

M-14In the Matter of Silverio Ramirez,
an attorney and counselor-at-law:

Respondent disbarred and his name stricken from the roll of attorneys and counselors-at-law in the State of New York, effective nunc pro tunc to December 17, 2002. Opinion Per Curiam. All concur.