First Department Motions
THE FOLLOWING MOTION ORDERS WERE ENTERED AND FILED ON AUGUST 11, 2005
Buckley, P.J., Tom, Mazzarelli, Andrias, Saxe, JJ.

M-3829X     Dominus v 250 Tenants' Corp.

Appeal and cross appeal withdrawn.

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

M-3438X     Federal Insurance Company, as subrogee of Feinstein Iron Works, Inc. v Transcontinental Insurance Company

M-3665X     Safmor, Inc. v The Minister, Elders and Deacons of The Reformed Protestant Dutch Church of the City of New York

M-3698X     164 West 24th Street Partners, LLC v Becker

M-3729X     E*Trade Securities, Inc. v The Bisys Group, Inc.

M-3730X     Valente v Forest City Ratner
(And other actions)

M-3741X     Paragon Coffee Trading Co., L.P. v Araban Coffee Co., Inc.

M-3742     People v Hilton, Robert

M-3743     People v Paulino, Henry

M-3748X     Nunziante v 44-45 Broadway Realty Company
(And other actions)

Appeals withdrawn.

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

M-3749X     Bobash, Inc., doing business as K.P. Rent A Car v Festinger, also known as Goodman

M-3807X     Singer v Seward Park Housing Corporation

M-3808X     Derman v Tower Records, Inc.

M-3809X     DeMarco v Wyndham International, Inc., sued herein
     as Bell Atlantic Corporation, now known as Verizon                Communications, Inc.
          (And other actions)

Appeals withdrawn.

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

M-3031     Martin v The City of New York

Appeal deemed withdrawn.

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

M-3356     People v Abelson, Ian

M-3357           Bazemore, Tyrone

M-3359           Brown, Roger

M-3360           Dudley, Sherill, also known as Dudley,                          Geraldine

Leave to prosecute appeals as poor persons granted,
as indicated.

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

M-3362 People v Marrero, Nancy, also known as Marrero,
           Nancy A.

M-3364           Santos, Pedro

M-3365           Williams, Jerry

Leave to prosecute appeals as poor persons granted,
as indicated.

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

M-2642     People v Winthrow, Lashawn, also known as Withrow,                Jabbar, also known as Withrow, Lashawn, also           known as Withrop, Lashaun

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

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

M-3064     People v Chenet, Juan

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

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

M-3334     In the Matter of K., Poli; K., Subeka and A., Habib -
Administration for Children's Services

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

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

M-2773     In the Matter of Nieblas v New York City Human Resources Administration

Leave to prosecute appeal as a poor person granted
to the extent indicated; time to perfect same enlarged to the January 2006 Term.

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

M-2887
M-3408     Sepulveda v Dayal

Time to perfect appeal and cross appeal enlarged to
the November 2005 Term.

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

M-3205     Eighty Eight Bleecker Co., LLC v 88 Bleecker Street Owners, Inc.

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

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

M-3129     Molina v City of New York

M-3201     Bowman v Di Placidi

M-3332     Shabu Tatsu Third, Ltd. v 483 Columbus L&M Corp.

M-3411     Bingham v New York City Transit Authority

Time to perfect appeals enlarged to the November 2005 Term.

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

M-3106
M-3139     Shengelia v New York City Transit Authority

Time to perfect appeal enlarged to the November 2005 Term; dismissal of appeal denied.

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

M-3270     Epps v The City of New York

M-3701     In the Matter of W., Aneika

M-3088     In the Matter of LaC., Brandon Robert, also known
as D., Brandon, also known as Dela T., Brandon -
The Salvation Army

M-3374     In the Matter of Walker v The New York City Department of Housing Preservation and Development

M-3073     Justiniano v Martin

Time to perfect appeals enlarged to the December 2005 Term.

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

M-3099     Leder v Spiegel - Estate of Warsaski

Time to perfect appeal enlarged to the January 2006 Term, as indicated.

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

M-2995
M-3206     Sellitto v New York City Industrial Development Agency
(And other actions)

Time to perfect appeal and cross appeal enlarged to the January 2006 Term, as indicated.

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

M-3543     Hunter Group, Inc. v Reseal International Corporation

Time to perfect appeal enlarged to the February 2006 Term.

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

M-3047     People v Thomas, Yvonne

Time to perfect appeal enlarged to the February 2006 Term.

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

M-2779     Corujo v McDonald's Marrage Silver

Enlargement of time to perfect appeal denied and appeal dismissed.

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

M-2748
M-3692     Muzferdyin v Mann

Dismissal of appeal denied; appellate counsel relieved, as indicated; time to perfect appeal enlarged to the January 2006 Term.

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

M-2800     People v Conroy, Bryan A.

Change of venue denied.

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

M-2885     Church v McCabe

Stay granted on condition appeal perfected for the January 2006 Term, as indicated.

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

M-3410     Intertrade Internationale, Ltd. v Maldonado

Stay and other relief denied.

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

M-3351     Trans-Resources, Inc. v Nausch Hogan & Murray, Inc.
(And a third-party action)

Time to perfect defendant's appeal enlarged to the
December 2005 Term; motion otherwise denied.

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

M-2813     Gabriel Capital, L.P. v CAIB InvestementBank

Stay denied.

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

M-3419     People ex rel. Odierno, Ben v Warden

Bail denied.

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

M-3142     315-321 Realty Co., Assoc., LLC v City of New York
(And another action)

Appeals consolidated; time to perfect same enlarged to the March 2006 Term. Clerk directed to calendar appeals together for said Term.

Buckley, P.J., Mazzarelli, Friedman, Marlow, Ellerin, JJ.

M-3049     Ayala v Lockheed Martin Corporation
(And a third-party action)

Reargument denied.

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

M-3057     People v Rincon, Hector

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

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

M-2867     People v Edell, Daniel

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

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

M-3087     People v Reyes, Cecilio, also known as Varela, Reggie

Notice of appeal and this Court's order entered on
April 12, 2005 (M-1053) amended, as indicated.

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

M-3333     In the Matter of L., Vincent; Q., Chyna and
L., Keyshawn - Administration for Children's
Services

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

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

M-2108     In the Matter of R., Robert Jr. - Abbott House

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

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

M-3110     In the Matter of Jamison v New York City Housing Authority

Time to perfect appeal enlarged to the December 2005 Term, as indicated; motion otherwise denied.

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

M-2598
M-2824     Vila v Cablevision of NYC

Stay of trial granted; defendants-cross-appellants
directed to perfect respective cross appeals for the October
2005 Term, to which Term perfected direct appeal adjourned.

Mazzarelli, J.P., Ellerin, Nardelli, Williams, Catterson, JJ.

M-1574     In the Matter of A., Kenya Latrice, also known as
McK., Kenya Latrice; A., Kymariah and McK., Baby Boy,
also known as A., Kason, also known as A., Kenny -
Abbott House

Appeals dismissed.

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

M-2672     Erey v Stresscon Industries

Stay of jury selection and trial granted; Clerk directed to maintain appeal on the calendar for the September 2005 Term.

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

M-3529     Luna v Hyundai Motor America

Plaintiff-respondent directed to serve and file supplemental appendix on appeal for the November 2005 Term,
to which Term appeal adjourned.

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

M-3434     Melcher v Apollo Medical Fund Management L.L.C.

Leave to strike portions of joint record on appeal and plaintiff's brief denied.

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

M-3406
M-3406A     Polly N. Passonneau, P.C. v Cassens

Stay granted on condition appeal perfected for the December 2005 Term, as indicated. Modification and other relief denied.

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

M-3677     Gryphon Domestic VI, LLC v APP International Finance Company, B.V.

Preliminary appellate injunction denied.

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

M-2864     Burrowes v Combs

Stay of all proceedings granted on condition appeal perfected for the November 2005 Term, as indicated.

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

M-3397     Rahim v Sottile Security Company

Stay of trial granted.

Mazzarelli, J.

M-1943     People v Figueroa, Robert

Leave to appeal to this Court denied.

Mazzarelli, J.

M-772     People v Wilson, Semori

Leave to appeal to this Court denied.

Mazzarelli, J.

M-721     People v Ricco, Anthony, also known as Viserto,
Anthony

Leave to appeal to this Court denied.

Friedman, J.

M-3330     People v Noble, Emilio

Leave to appeal to this Court granted, as indicated.

Friedman, J.

M-2004     People v Kimble, Ricardo

Leave to appeal to this Court denied.

Friedman, J.

M-1529     People v Lewis, Gil

Leave to appeal to this Court denied.

Gonzalez, J.

M-1142     People v Kuletsky, Fred

Leave to appeal to this Court denied.

Gonzalez, J.

M-1440     People v Odom, Jonathan

Leave to appeal to this Court denied.

Gonzalez, J.

M-1556     People v Frederick, Michael

Leave to appeal to this Court denied.

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

M-259     In the Matter of Mac Truong,
M-306     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. Cross motion to dismiss the petition and for reinstatement denied. Opinion Per Curiam. All concur.

The following orders were filed and entered on August 4, 2005:
Buckley, P.J., Tom, Mazzarelli, Saxe, Friedman, JJ.

M-2738     Robinson v Friedman Management Corp.
(And other actions)

Stay granted to the extent indicated.

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

M-3441     Hernandez v Robles

Amici curiae brief submitted with moving papers deemed filed, as indicated.

Saxe, J.P., Ellerin, Sweeny, Catterson, JJ.

M-3259     American Spray-On Corp. v Austin Helle Company, Inc.

Order of this Court entered on June 30, 2005 (Appeal No. 6468) recalled and vacated, and appeal deemed withdrawn.