First Department Motions
THE FOLLOWING MOTION ORDERS WERE ENTERED AND FILED ON APRIL 26, 2005
Buckley, P.J., Tom, Mazzarelli, Andrias, Saxe, JJ.

M-1661X     Otero v 106th Street Houses, Inc.

Appeal withdrawn.

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

M-1662X     In the Matter of Structural Preservation Systems, Inc.
v 301 East 93 LLC

Appeal withdrawn.

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

M-1407     People v Davila, Jose O.

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

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

M-1413     People v Norales, Perla

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

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

M-1368     Steinberg v Montefiore Medical Center

Time to perfect appeal enlarged to the September 2005 Term.
Buckley, P.J., Sullivan, Ellerin, Williams, Catterson, JJ.

M-1551     Rosedale Regency, LLC v Academy Gardens BRONX
Limited Partnership

Appellants directed to perfect appeal for the September 2005 Term, as indicated; motion otherwise denied.

Buckley, P.J., Tom, Mazzarelli, Sullivan, Ellerin, JJ.

M-1327     People ex rel. Covington, Ronnie v Warden

Reargument/modification or other relief denied, as indicated.

Buckley, P.J., Andrias, Nardelli, Gonzalez, Sweeny, JJ.

M-5843     In the Matter of Daum v Tessler

Leave to appeal to this Court denied, as indicated; leave to prosecute appeal as a poor person granted to the extent indicated.

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

M-426     People v Lizardi, Benjamin

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

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

M-1061     In the Matter of K., Robert; J., Kevin and J., Keith
Administration for Children's Services

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

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

M-1185     People v Vergara, Fabricio

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-1420     People v Garcia, Francisco

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, Sullivan, JJ.

M-1421     People v Brenes, Robin

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

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

M-820     People v Johnson, Catherine

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

Tom, J.P., Saxe, Friedman, Marlow, Catterson, JJ.

M-1471     In the Matter of R., Arnaldo

Time to perfect appeal enlarged to the September 2005 Term.

Tom, J.P., Saxe, Friedman, Marlow, Catterson, JJ.

M-1124     In the Matter of B., Kadiatou, also known as B., Baby
Girl Commissioner of the Administration for
Children's Services of the City of New York

Stay granted on condition appeal perfected for the September 2005 Term, as indicated.

Tom, J.P., Mazzarelli, Friedman, Gonzalez, Catterson, JJ.

M-1209     Phillips v Abbott House

Plaintiff directed to perfect cross appeal as direct appeal for the October 2005 Term; defendant's direct appeal dismissed.

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

M-1537     In the Matter of P., Julius

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

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

M-1281     Davidoff & Malito LLP v Kimball Check
Cashing Corporation

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

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

M-1397     CRT Capital Group, LLC v P. Schoenfeld Asset
Management LLC

Appeals and cross appeal consolidated; time to perfect same enlarged to the September 2005 Term, as indicated.

Tom, J.P., Mazzarelli, Friedman, Gonzalez, Catterson, JJ.

M-1306     People v Anonymous

Anonymity and sealing of records granted, as indicated; Clerk directed to calendar appeal under People v Anonymous.

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

M-1175     Ayala v Lockheed Martin Corporation
(And another action)

Decedent's attorney directed to seek appointment and substitution of administrator/executor of decedent's estate within 60 days of the date of entry hereof; motion otherwise denied.

Tom, J.P., Mazzarelli, Friedman, Gonzalez, Catterson, JJ.

M-1273     People v Childs, Donald

Record on appeal enlarged, as indicated; time to perfect same enlarged to the October 2005 Term.

Mazzarelli, J.P., Sullivan, Ellerin, Gonzalez, Sweeny, JJ.

M-1536     Fiorilla v Petrylak

Time to perfect appeal enlarged to the September 2005 Term.

Mazzarelli, J.P., Saxe, Friedman, Sullivan, Williams, JJ.

M-907     Hand v Silberman

Reargument or other relief denied.

Mazzarelli, J.P., Marlow, Williams, Gonzalez, Catterson, JJ.

M-557     In the Matter of Consilvio v B., Michael Joseph

Automatic stay vacated.

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

M-1332     People v Gonzalez, Lionel

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-1334     People v Calleja, Ramon

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-1338     People v Rosado, Benjamin

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-1495     Saphir International SA v UBS Painewebber Inc.

Time to perfect appeal enlarged to the September 2005 Term.

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

M-1235     Anonymous v Anonymous
(And another action)

Appeals consolidated; time to perfect same enlarged to the October 2005 Term.

Andrias, J.P., Marlow, Sullivan, Gonzalez, Sweeny, JJ.

M-1663     Yerushalmi v Abed Realty Corp.

CPLR 5704(a) relief denied.

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

M-1390     Ruby v Budget Rent A Car Corporation
M-1511
Defendants directed to perfect direct appeal for the October 2005 Term, as indicated; plaintiff directed to perfect as direct appellant should plaintiff fail to so perfect; leave to bar plaintiff from making any reference to liability insurance coverage in brief denied.
Saxe, J.P., Friedman, Marlow, Sullivan, Williams, JJ.

M-1370     Taylor v New York City Police Department FOIL Unit

Leave to prosecute appeal as a poor person granted to the extent indicated; time to perfect appeal enlarged to the October 2005 Term.

Saxe, J.P., Friedman, Nardelli, Gonzalez, Catterson, JJ.

M-1302     Bertone Commissioning v the City of New York

Time to perfect appeal enlarged to the September 2005 Term.

Saxe, J.P., Friedman, Nardelli, Gonzalez, Catterson, JJ.

M-1336     Jiminez v Rojas

Time to perfect appeal enlarged to the October 2005 Term.

Saxe, J.P., Friedman, Nardelli, Gonzalez, Catterson, JJ.

M-1346     Diane v Ricale Taxi, Inc.

Appeals consolidated; time to perfect same enlarged to the September 2005 Term.

Saxe, J.P., Friedman, Nardelli, Gonzalez, Catterson, JJ.

M-1457     Mozes v Shanaman
(And other actions)

Appeals consolidated.

Saxe, J.P., Friedman, Nardelli, Gonzalez, Catterson, JJ.

M-1450     People v Parks, Corey

Enlargement of time to perfect appeal denied, said relief having been granted by the order of this Court entered on March 31, 2005 (M-953).

Saxe, J.P., Friedman, Nardelli, Gonzalez, Catterson, JJ.

M-1299     In the Matter of Green v New York City Housing Authority

Stay granted on condition appeal perfected for the October 2005 Term, as indicated. (See M-1299A, decided simultaneously herewith.)

Nardelli, J.

M-1299A     In the Matter of Green v New York City Housing Authority

Leave to appeal to this Court granted. (See M-1299, decided simultaneously herewith.)

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

M-1072     Welch v Riverton Associates, Inc.

Notice of appeal deemed timely; time to perfect appeal enlarged to the November 2005 Term; leave to prosecute appeal as a poor person denied, with leave to renew, as indicated.

Buckley, P.J., Andrias, Friedman, Ellerin, Nardelli, JJ.

M-1722A     In the Matter of Jeffrey M. Cohn
(admitted as Jeffrey Michael Cohn)
A suspended attorney:

Petitioner reinstated to the practice of law in the State of New York, effective nunc pro tunc to April 19, 2005. The order of this Court entered on April 19, 2005 (M-1722), recalled and vacated. No opinion. All concur.


Tom, J.P., Mazzarelli, Marlow, Ellerin, Catterson, JJ.

M-713     In the Matter of Dominick A. Fusco,
a suspended attorney:

Respondent suspended from the practice of law in the State of New York for an indefinite period until such time as he is physically and mentally able to participate in disciplinary proceedings against him and until further order of this Court, effective nunc pro tunc to December 28, 2004. So much of the Per Curiam and order of this Court entered on December 28, 2004
(M-4508) incorporating a finding of non-cooperation vacated. Opinion Per Curiam. All concur.