First Department Motions
THE FOLLOWING MOTION ORDERS WERE ENTERED AND FILED ON AUGUST 14, 2003
Buckley, P.J., Nardelli, Tom, Mazzarelli, Andrias, JJ.

M-3437XFiber-Shield Industries, Inc. v
Furgang and Adwar, LLP

M-3438XGeneral Electric Capital Corporation v
Pacheco & Lugo, PLLC
(and a third party action)

M-3457XLee v Viacom, Inc.

M-3474XBigham Englar Jones & Houston v Urich

M-3475XKleinman v Boquen Realty Corp.

M-3476XVertis, Inc. v RFP, L.L.C.

M-3448People v Rosario, Louis

Appeals withdrawn.

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

M-3237XShkolnik v Shkolnik

Appeal withdrawn. (See M-3099/M-3155, decided simultaneously herewith.)

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

M-3099     Shkolnik v Shkolnik     
M-3155
Counsel relieved; stay denied, as indicated. (See
M-3237X, decided simultaneously herewith.)

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

M-3436XMarks v International Financial Group, Inc.

Appeals and cross appeals withdrawn.

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

M-3473XScanlon v New Water Street Corp.
(and other actions)

Appeal and cross appeal withdrawn.

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

M-2388In the Matter of A., Misael Angel; A., Luisa Angelica;
and A., Antonio David Family Support Systems
Unlimited, Inc.

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

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

M-2355 (D.C. #38)     People v Berry, James
M-2616
Upon the Court's own motion and upon papers filed, time to perfect appeal enlarged to the January 2004 Term, as indicated. (See M-3119, decided simultaneously herewith.)

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

M-3119     People v Berry, James

Counsel substituted. (See M-2355 and M-2616, decided simultaneously herewith.)

Buckley, P.J., Nardelli, Rosenberger, Marlow, JJ.

M-1940Gerber v West Hempstead Convenience, Inc.

Leave to appeal to the Court of Appeals and other relief denied.

Buckley, P.J., Tom, Ellerin, Lerner, Friedman, JJ.

M-2086A     In the Matter of Epps v Epps

Upon the Court's own motion, counsel assigned. (See this Court's order, entered on June 26, 2003 [M-2086], granting leave to prosecute appeal as a poor person.)

Buckley, P.J., Andrias, Lerner, Marlow, Gonzalez, JJ.

M-4061A     In the Matter of C., Tiffany

Upon the Court's own motion, counsel assigned. (See this Court's order, entered on October 22, 2002 [M-4061], granting leave to prosecute appeal as a poor person.)

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

M-2787     In re K., Brittni Commissioner of the
Administration for Children's Services of the
City of New York S., Nilda v K., Dawn

Assignment of counsel for purposes of responding to proceedings in the Court of Appeals granted, as indicated.

Nardelli, J.P., Rosenberger, Williams, Marlow, Gonzalez, JJ.

M-2261Ramos v The City of New York

Appeal dismissed.
Nardelli, J.P., Rosenberger, Williams, Marlow, Gonzalez, JJ.

M-2847People v Roldan, Jose, also known as
Rodan, Jose

Appeal dismissed.

Nardelli, J.P., Rosenberger, Williams, Marlow, Gonzalez, JJ.

M-2876Sahota v Celas, doing business as A & Z
Realty Company and as B & A Realty Company
(and a third-party action)

Dismissal of appeal denied.

Nardelli, J.P., Rosenberger, Williams, Marlow, Gonzalez, JJ.

M-2683People v Rodriguez, Manuel

Leave to prosecute appeal as a poor person granted to the extent indicated; substitution of retained counsel denied, as unnecessary.

Nardelli, J.P., Rosenberger, Williams, Marlow, Gonzalez, JJ.

M-3066Vick v Albert
M-3143
M-3126
Appeals consolidated; time to perfect same enlarged to the December 2003 Term; consolidated appeals dismissed unless perfected for said Term, as indicated.

Nardelli, J.P., Rosenberger, Williams, Marlow, Gonzalez, JJ.

M-3010People v Martini, Elgin

Moving papers deemed a timely filed notice of appeal.

Nardelli, J.P., Rosenberger, Williams, Marlow, Gonzalez, JJ.

M-2707People v Joseph, Jane, also known as
Smith, Earline

Enlargement of record on appeal and related relief denied.

Nardelli, J.P., Rosenberger, Williams, Marlow, Gonzalez, JJ.

M-2778People v Beaker, Anthony, also known as
Parnell, Lidlow

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

Nardelli, J.P., Rosenberger, Williams, Marlow, Gonzalez, JJ.

M-2900People v Smith, Warren

Issuance of a subpoena duces tecum directing production of certain jury notes granted, as indicated.

Nardelli, J.P., Rosenberger, Williams, Marlow, Gonzalez, JJ.

M-3081In the Matter of Glatzer v Glatzer

Preliminary appellate injunction denied.

Nardelli, J.P., Rosenberger, Williams, Marlow, Gonzalez, JJ.

M-2771People ex rel. Washington, Alfonso v Johnson

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

Nardelli, J.P., Rosenberger, Williams, Marlow, Gonzalez, JJ.

M-2914Stamos v The Appeals Board of New York State
Department of Motor Vehicles

Summary reversal of underlying convictions and related relief denied; time to perfect proceeding enlarged to the
January 2004 Term; proceeding dismissed unless perfected for said Term.

Nardelli, J.P., Tom, Rosenberger, Ellerin, Gonzalez, JJ.

M-2675Haughton v Merrill Lynch, Pierce, Fenner
and Smith Incorporated

Reargument denied.

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

M-2712Fox News Network, L.L.C. v N.S. Bienstock, Inc.

Reargument or other relief denied.

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

M-2056People v Powell, Darryl

Reargument denied.

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

M-2245People v Rodriguez, Jose

Reargument denied.

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

M-2580     People v Sosa, Jose

Appeal dismissed.

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

M-3035     In the Matter of A., Cole Elton-Robert
Leake & Watts Services, Inc.

Appeal dismissed.

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

M-3034     In the Matter of R., Clara Victoria Association to Benefit Children/Variety House for Children

Appeal dismissed.

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

M-2199     People v Diaz, Luis

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

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

M-3347     In the Matter of Maxtone-Graham
v City of New York

Dismissal of appeal denied, without prejudice to addressing issue on the appeal.

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

M-2541     Duane Reade v Highpoint Associates IX, LLC

Stay granted.

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

M-3069In the Matter of Herndon Consilvio

Stay granted on condition appeal perfected for the November 2003 Term, as indicated. (See M-3382, decided simultaneously herewith).

Friedman, J.

M-3382In the Matter of Herndon Consilvio

Leave to appeal to this Court granted, as indicated. (See M-3069, decided simultaneously herewith.)

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

M-3087     People v Smith, Elton, also known as Sanders, Gary

Counsel substituted.

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

M-3049     People v Carrington, Jonathan

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

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

M-3166     Mordas v Schenkein

Appeals consolidated; time to perfect same enlarged to the January 2004 Term.

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

M-3286     Dickens v New York City Transit Authority

Time to perfect appeal enlarged to the December 2003 Term, as indicated; appeal dismissed unless perfected for said Term.

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

M-3252     People v Liggins, Korey

Time to perfect appeal enlarged to the January 2004 Term.

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

M-1317     TSI West 14, Inc. v Samson Associates, LLC

Time to perfect appeal enlarged to the December 2003 Term.

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

M-3130     In the Matter of H., Tyreese, also known as H.,
Tyreese Eric, also known as H., Tyrice, also known
as H., Tyresese Angel Guardian Children and Family               Services

Time to perfect appeal enlarged to the January 2004 Term.
Tom, J.P., Andrias, Saxe, Ellerin, Friedman, JJ.

M-3123     In the Matter of The Rehabilitation of Frontier Insurance Company Callon Petroleum Co.

Time to perfect appeal enlarged to the January 2004 Term, as indicated.

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

M-3341     Duerr v 1435 Tenants Corp.

Stay and other relief denied.

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

M-3275     Timur on 5th Ave., Inc. v Record Explosion, Inc.

Stay denied.

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

M-3169     Rasabi v Rasabi
(and another action)

Stay denied.

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

M-2990     Westcom Corporation v Dedicated Private Connections LLC

Stay denied.

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

M-3037     In the Matter of Gould Levin v Forman

Stay granted on condition appeal perfected for the December 2003 Term, as indicated.

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

M-3195     People v Alvarez, Santos, also known as Santos, Alvarado, also known as Alvarez, Luis

Leave to file a pro se supplemental brief granted for the December 2003 Term, to which Term appeal adjourned.

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

M-3518     Ridley v Ridley

Preference denied.

Tom, J.P., Sullivan, Rosenberger, Lerner, JJ.

M-616     People v Jones, Jevon

Writ of error coram nobis and other relief denied.

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

M-3399     People v Wheeler, Woodrow

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

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

M-3447     Kurtz v Kurtz

Dismissal of appeal denied, with leave to respondent to file a supplemental record with responding brief, as indicated.

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

M-3378     DeFilippo v The New York Downtown Hospital
M-3557
Trial stayed pending hearing and determination of appeals; motions otherwise denied.

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

M-3462     In the Matter of Siller Wilk LLP v Helmsley

Petitioner permitted to perfect its appeal at its discretion; motion otherwise denied.

Andrias, J.P., Sullivan, Rosenberger, Gonzalez, JJ.

M-1664     People v Hall, Maurice

Writ of error coram nobis and other relief denied.

Andrias, J.P., Rosenberger, Marlow, Gonzalez, JJ.

M-4923B     In the Matter of I. G., Daisy v J. S., Edgardo

Upon the Court's own motion, counsel assigned.
(See this Court's order, entered on November 21, 2002 [M-4923], granting leave to prosecute appeal as a poor person.)

Rosenberger, J.P., Williams, Lerner, Friedman, JJ.

M-219     People v Lewis, Andre

Writ of error coram nobis and other relief denied.

Nardelli, J.

M-2690     People v Gould, Khalib

Leave to appeal to this Court denied.

Nardelli, J.

M-2591     People v Martinez, Ceasar

Leave to appeal to this Court denied.

Nardelli, J.

M-2032     People v Eldridge, William

Leave to appeal to this Court denied.

Saxe, J.

M-2227     People v Soto, Albert

Leave to appeal to this Court denied.

Saxe, J.

M-3294     People v Riddick, Joey, also known as Dillard, Anthony Hill

Leave to be released on own recognizance denied.

Sullivan, J.

M-3662     People v Aponte, Ramon

Leave to appeal to the Court of Appeals granted, as indicated.

Ellerin, J.

M-3477     People v Celaj, Shaban

Leave to appeal to the Court of Appeals granted, as indicated.

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

M-3161In the Matter of Attorneys Who Are in Violation
of Judiciary Law Section 468-a:

Alan Scott Bolden, admitted 9-28-88,
at a Term of the Appellate Division,
Second Department

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

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

M-3232In the Matter of Attorneys Who Are in Violation
of Judiciary Law Section 468-a:

Paul Joseph Kenny, admitted 8-24-87,
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.