First Department Motions
THE FOLLOWING MOTION ORDERS WERE ENTERED AND FILED ON APRIL 7, 2005
Buckley, P.J., Tom, Mazzarelli, Andrias, Saxe, JJ.

M-1382X     Benjamini v Lehrer McGovern Bovis, Inc.

M-1425     People v Suri, Avi

M-1437     People v Soto, Alejandro

M-1438     People v Ward, Derrick

Appeals withdrawn.

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

M-1446     SSB, L.L.C. v WYS Design Partnership Architects, P.C.

Appeal, previously perfected for the May 2005 Term, withdrawn.

Buckley, P.J., Sullivan, Nardelli, Williams, Sweeny, JJ.

M-1045     People v Johnson, Mark

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

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

M-449     In the Matter of R., Julian Anthony
McMahon Services for Children

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

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

M-948     People v Hall, Peter

Counsel substituted.

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

M-950     People v Occelin, Wilnerson,
also known as Wilnerson, Occelin

Counsel substituted.

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

M-1323     People v Toth, Anne

Upon the Court's own motion, counsel substituted.

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

M-1322     People v Rosales, Luis, also known as Luis, Rosales

Upon the Court's own motion, counsel substituted.

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

M-1114     In the Matter of L., Destiny Unique
Cardinal McCloskey Services

Leave to prosecute appeal as a poor person and related relief denied; purported appeal dismissed, as indicated.

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

M-1010     People v Billups, Shelley

Enlargement of time to perfect appeal and other relief denied.

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

M-1037     People v Sanchez, John

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

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

M-1052     People v Stapkowitz, Joseph

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

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

M-1056     People ex rel. Colon, Reynaldo v Warden

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

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

M-1036     People v Roldan, Luis

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

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

M-5784     People v Villanueva, Carlos,
also known as Villanueva, Carlos, Jr.

Retained counsel relieved; counsel substituted; poor person relief, previously granted, continued; time to perfect appeal enlarged, all as indicated.

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

M-56          People ex rel. Williams, Matthew v Warden

Writ of habeas corpus issued, returnable in Supreme Court, Bronx County, as indicated; motion otherwise denied.

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

M-731People v Dotson, Steve

Time to perfect appeal enlarged to the September 2005 Term.

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

M-1012     New York City Health and Hospitals Corporation
v St Barnabas Community Health Plan, Inc., doing           business as Partners in Health

Time to perfect appeal enlarged to the September 2005 Term.

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

M-1150     In the Matter of Y., Elijah

Time to perfect appeal enlarged to the September 2005 Term.

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

M-1188     In the Matter of F., Manuel; G., Dominique; P., Aaron;
P., Ariel; and S., Devina Administration for
Children's Services

Time to perfect appeal enlarged to the September 2005 Term.

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

M-1138     In the Matter of C., Lorraine v H., Irving
The Commissioner of Social Services of the
City of New York

Time to perfect appeal enlarged to the September 2005 Term.

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

M-1089     People v Retamozzo, Armand

Pro se supplemental brief annexed to motion deemed timely filed for the September 2005 Term, to which Term appeal adjourned.

Mazzarelli, J.P., Andrias, Friedman, Sweeny, Catterson, JJ.

M-1031     Casey v Lipco Corporation, also known as
Lipco Electrical Corp.
(And a third-party action)

Appeal deemed withdrawn.

Mazzarelli, J.P., Andrias, Friedman, Sweeny, Catterson, JJ.

M-968     In the Matter of Orange County Publications
v Metropolitan Transportation Authority

Dismissal of appeal and other relief denied, without prejudice to respondent raising issue on appeal.

Mazzarelli, J.P., Andrias, Friedman, Marlow, Sweeny, JJ.

M-1048     People v Whitely, George

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

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

M-1051     People v Edwards, Eric

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

Mazzarelli, J.P., Andrias, Friedman, Sweeny, Catterson, JJ.

M-1141     People ex rel. Weems, Kevin, also known as
Banks, Jeffrey v Warden

Leave to prosecute appeal as a poor person granted to the extent indicated; motion otherwise denied.

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

M-984     People v Jacobs, Ernest,
also known as Jacobs, Ernest A.

Counsel substituted.

Mazzarelli, J.P., Saxe, Ellerin, Gonzalez, Catterson, JJ.

M-973     People v Hidalgo, Victor

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

Mazzarelli, J.P., Saxe, Ellerin, Gonzalez, Catterson, JJ.

M-1077     People v Ortega, Edwin
M-1118
Summary reversal denied; leave to prosecute appeal as a poor person denied, as indicated.

Mazzarelli, J.P., Saxe, Ellerin, Gonzalez, Catterson, JJ.

M-1161     In the Matter of R., Donnavan
Commissioner of the Administration for
Children's Services

Time to perfect appeal enlarged to the September 2005 Term.

Mazzarelli, J.P., Andrias, Friedman, Sweeny, Catterson, JJ.

M-1139     Academic Health Professional Insurance Association,
A Reciprocal Insurer v M.Q. of New York, Inc.
(And other actions)

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

Mazzarelli, J.P., Andrias, Friedman, Sweeny, Catterson, JJ.

M-1062     In the Matter of Vargas v New York City
Housing Authority

Stay denied; interim relief granted by order of a Justice of this Court, dated March 3, 2005, vacated.

Mazzarelli, J.P., Saxe, Marlow, Gonzalez, Sweeny, JJ.

M-1078     Grosz v Serge Sabarsky, Inc.

Stay granted upon terms and conditions set forth in the parties' stipulation dated March 10, 2005, as indicated.

Mazzarelli, J.P., Andrias, Friedman, Sweeny, Catterson, JJ.

M-1218     223 West Corp. v B & D Leistner Properties

Appeal and cross appeal adjourned to the September 2005 Term; defendants directed to perfect as cross-appellants for said Term and granted leave to file supplemental record, all as indicated.

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

M-562     Berenato v Rehrer

Dismissal of appeal or alternative relief denied.

Buckley, P.J.

M-1234     People v Garcia, Carlos

Stay and/or other relief denied.

Tom, J.

M-791     People v Santana, Hector

Leave to appeal to this Court denied.

Saxe, J.

M-1076     People v Stephens, Cornelius

Leave to appeal to this Court denied.

Nardelli, J.

M-660     People v Rosas, Erry

Leave to appeal to this Court denied.

Nardelli, J.

M-773     People v Gonzalez, David

Leave to appeal to this Court denied.

Nardelli, J.

M-832     People v Collins, Junior

Leave to appeal to this Court denied.

Nardelli, J.

M-874     People v Rivera, Marcus

Leave to appeal to this Court denied.
Williams, J.

M-793     People v Lasso, Freddy

Leave to appeal to this Court denied.

Catterson, J.

M-895     People v Sanchez, Rolando

Leave to appeal to this Court denied.

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

M-300     In the Matter of Jaime V. Delio
(admitted as Jaime Vincent Delio),
a suspended attorney:

Respondent disbarred and his name stricken from the roll of attorneys and counselors-at-law in the State of New York, effective the date hereof. Opinion Per Curiam. All concur.

Friedman, J.P., Marlow, Nardelli, Sweeny, Catterson, JJ.

M-658     In the Matter of Samuel Tannenbaum,
a suspended attorney:

Respondent's name stricken from the roll of attorneys and counselors-at-law in the State of New York, effective nunc pro tunc to December 29, 2004. Monetary restitution directed, as indicated. Opinion Per Curiam. All concur.