First Department Motions
THE FOLLOWING MOTION ORDERS WERE ENTERED AND FILED ON AUGUST 4, 2005
Buckley, P.J., Tom, Mazzarelli, Andrias, Saxe, JJ.

M-3710X     5th Avenue, LLC v SRV, LLC, doing business as
Calendar Club

Appeal withdrawn.

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

M-3414X     Lee v Solimano

Appeal withdrawn.

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

M-3437X     Wm. B. May Commercial, Inc., doing business as
William B. May International v 20 Place
Associates, L.L.C.

Appeal withdrawn.

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

M-2955     Schirmer v Athena-Liberty Lofts, L.P.
(And other actions)

Appeal deemed withdrawn.

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

M-2948     Krieger v Krieger

Appeal from order entered on or about March 19, 2004 deemed withdrawn, without prejudice to a timely appeal from the final judgment, as indicated; motion otherwise denied.

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

M-2775     In the Matter of H., Tyshema Barbara Catholic
Home Bureau for Dependent Children

Appeal dismissed.

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

M-2755     In the Matter of M., Jeremy Association to Benefit
Children/Variety House for Children

Appeal dismissed.

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

M-2770     In the Matter of B., Raatazaisa Mashea, also known as
B., Raatazaisa, also known as B., Rantayzais
Little Flower Children's Services

Appeal dismissed.

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

M-2774     In the Matter of V., Savannah Marie
Catholic Home Bureau for Dependent Children

Appeal dismissed unless perfected for the February 2006 Term, as indicated.

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

M-3377     CDR Creances S.A., as successor to Societe De Banque
Occidentale v Euro-American Lodging Corporation

Appeals dismissed unless perfected for the February 2006 Term, as indicated.

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

M-3052     People v Camara, Fofana, also known as Camera, Amadou

M-3053           Jourdain, Francisco

M-3054           Joyner, Michael

M-3055           Moore, Sandra

M-3056           Phillips, Ira

M-3058           Rodriguez, Christopher, also known as
Gomez, Christopher Rodriguez

M-3059           Torres, Carlos

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

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

M-2860     People v Williams, Matthew

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

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

M-2815     People v Wright, Robert

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

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

M-2868     People v Reed, Calvin

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

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

M-2869     People v Hilliard, Marcia

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

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

M-2870     People v Hilson, Lerome

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

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

M-3079     People v Costas, Ruppi

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

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

M-2794     Kleinberg v The City of New York; Villa v
M-2993The City of New York
(And other actions)

Time to perfect appeal by B&G Elevator enlarged to the December 2005 Term; appeal by Triborough Bridge and Tunnel Authority et al. deemed withdrawn.

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

M-2930     In the Matter of Edwards v Morgenthau

Leave to prosecute appeal as a poor person granted to the extent indicated; assignment of counsel denied.

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

M-2886     Demeri v Demeri

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

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

M-2795     People v Soto, Jonathan, also known as
Soto, Jonathon

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

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

M-2861     People v Mena, Manuel

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

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

M-2903     People v Leung, Wai Yin

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

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

M-2907     People v Maskow, Burton, also known as Mascow, Burton

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

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

M-2835     People v Rose, Darrell

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

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

M-2846     People v Cunningham, Anthony

Counsel substituted.

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

M-3091     People v Haigler, Robert

Counsel substituted.

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

M-3090     People v Perez, Manuel

Counsel substituted.

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

M-3101     People v Claborn, Eric

Counsel substituted.

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

M-2838     People v Romance, Ravon

Assigned counsel stricken; Clerk directed to remove appeal, previously perfected for the September 2005 Term from the Court's calendar; time to perfect appeal enlarged to the February 2006 Term, all as indicated.

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

M-3111     In the Matter of Y., Elijah

Time to perfect appeal enlarged to the November 2005 Term.

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

M-3225     Zormati v Forest Hills Financial Group, Inc.

Time to perfect appeal enlarged to the November 2005 Term.

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

M-3341     Cooney v The Second Toro Family, Ltd. Partnership

Time to perfect appeal enlarged to the November 2005 Term.

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

M-3263     Diane v Ricale Taxi, Inc.

Time to perfect consolidated appeals enlarged to the November 2005 Term.

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

M-3203     Combier v Anderson

Time to perfect appeal enlarged to the November 2005 Term; defendant directed to submit additional documentation, as indicated.

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

M-2973     In the Matter of S., Ira v S., Lauren;
In the Matter of S., Max and S., Fay
Commissioner of the Administration for Children's
Services for the City of New York

Time to perfect consolidated appeals enlarged to the November 2005 Term; motion otherwise denied, as indicated.

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

M-3080     People v Rodriguez, Wilfredo

Time to perfect appeal enlarged to the December 2005 Term.

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

M-3121     People v Rosado, Odalis

M-3258     In the Matter of Lambert v Kelly

M-3440     2365 Lorillard Corp. v Krumszyn
(And another action)

M-3700     In the Matter of G., Kelvin

Time to perfect appeals enlarged to the December 2005 Term.

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

M-3120     People v Dargan, Charles

Time to perfect appeal enlarged to the January 2006 Term.

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

M-3133     McCalla v Medical Liability Mutual Insurance Company, sued as successor to Medical Malpractice Insurance
Association

Time to perfect appeal enlarged to the January 2006 Term.

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

M-3274     People v Rodriguez, Randy

Time to perfect appeal enlarged to the January 2006 Term.

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

M-1664     Waltzer v Tradescape & Co., L.L.C., formerly known as
C.S. Block & Co., L.L.C.

Consolidated appeals from orders entered on or about December 5, 2003, December 19, 2003 and December 22, 2003 dismissed; appeal from final judgment entered on or about
October 4, 2004 dismissed unless perfected for the January 2006 Term, as indicated.

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

M-3358     Lawson v Howard Systems International

Appeal adjourned to the October 2005 Term; defendants permitted to file a corrected appendix, as indicated.

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

M-2681     People v Ortega, Edwin

Leave to file pro se supplemental brief granted for the December 2005 Term, to which Term appeal adjourned, as indicated.

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

M-2875     People v Escalera, William

Leave to file pro se supplemental brief granted for the December 2005 Term, to which Term appeal adjourned, as indicated.

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

M-3272     Gryphon Domestic VI, LLC v GBR Information Services, Inc.

Appeals consolidated; time to perfect same enlarged to the January 2006 Term.

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

M-2799     Santana v Morales

Stay denied.

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

M-2920     Rosenblatt v Schuster

Stay denied.

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

M-2958     In the Matter of Bridge Associates LLC v Malone

Stay denied.

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

M-3063     In the Matter of Premier Gem Corporation v Cord

Stay or alternative relief denied.

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

M-2851     West 111th Street Rehab Associates v Poole

Stay granted upon posting of undertaking in the amount of $90,000.

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

M-3275     In the Matter of Gross v 420 East 72nd Street Tenants Corp.

Stay and related relief denied.

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

M-2957     In the Matter of G., Martin R. v O., Ofelia G.

Stay granted on condition respondent-appellant mother abides by visitation terms imposed by orders entered October 5, 2004 and January 7, 2005 and on condition appeal perfected for the November 2005 Term, all as indicated.

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

M-2934     Riom Corporation v McLean

Leave to hold defendants-respondents in default for failing to file respondents' brief denied.

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

M-2956     In the Matter of IG Second Generation Partners L.P.
M-2539v New York State Division of Housing & Community
Renewal, Office of Rent Administration

Automatic stay afforded respondent-appellant vacated; leave to be deemed a cross-appellant and related relief denied.

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

M-2669     Balletta v 35 Park Avenue Corp.

Notice of appeal served upon defendant-respondent
35 Park Avenue Corp. deemed timely served nunc pro tunc; time to perfect appeal enlarged to the December 2005 Term.

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

M-3387     Hernandez v Robles

Amicus curiae brief submitted with moving papers deemed filed; movant directed to file nine additional copies of said brief with the Clerk of the Court forthwith.

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

M-2854     Baker v Kohler
M-3022
M-3395
Appeal adjourned to the December 2005 Term; respondents may submit supplemental appendix on appeal, as indicated; appellants' pre-argument statement deemed timely served; cross motion otherwise denied.

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

M-2932     In the Matter of Tolbert v The City of New York

Leave to prosecute proceeding as a poor person granted to the extent indicated; stay granted on condition petitioner continues to pay use and occupancy and on condition proceeding perfected for the January 2006 Term, all as indicated.

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

M-2518     RBP of 400 W. 42 St., Inc. v 400 West
42nd Street Realty Associates

Enlargement of time to perfect appeal denied; appeal dismissed.

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

M-2658     In the Matter of L., Hugh v L., Fhara
(And another action)

Leave to prosecute appeal as a poor person granted, as indicated. (See M-2658A, decided simultaneously herewith.)

Williams, J.

M-2658A     In the Matter of L., Hugh v L., Fhara
(And another action)

Stay denied. (See M-2658, decided simultaneously herewith.)

Tom, J.P., Friedman, Ellerin, Sweeny, Catterson, JJ.

M-2796     People v Soler, Cesar

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

Tom, J.P., Mazzarelli, Andrias, Catterson, JJ.

M-704     People v Kelly, David

Reargument denied.

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

M-2492     People v Archbold, Kenneth, also known as Archbold,
Kenneth Allan

Leave to prosecute appeal as a poor person denied, with leave to renew, as indicated. (See M-2492A, decided simultaneously herewith.)

Catterson, J.

M-2492A     People v Archbold, Kenneth, also known as Archbold,
Kenneth Allan

Bail or release on own recognizance denied. (See
M-2492, decided simultaneously herewith.)

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

M-2051 (D.C. #17)     In the Matter of M., Maribel v C., Orbin;
M-2205               In the Matter of C., Linda D. v M., Maribel

Upon the Court's own motion and upon papers filed, dismissal of appeal denied, with leave to renew should counsel fail to submit necessary papers for scheduling a reconstruction hearing, all as indicated.

Tom, J.

M-2830     People v Flores, Juan

Leave to appeal to this Court denied.

Mazzarelli, J.

M-44          People v Spence, Christopher

Leave to appeal to this Court denied.

Mazzarelli, J.

M-474     People v Guzman, Ramon

Leave to appeal to this Court denied.

Mazzarelli, J.

M-547     People v Segarra, Rolando

Leae to appeal to this Court denied.

Mazzarelli, J.

M-2574     People v Brown, Dashawn

Leave to appeal to this Court denied.

Mazzarelli, J.

M-2613     People v Manning, Gregory

Leave to appeal to this Court denied.

Mazzarelli, J.

M-2684     People v Brito, Wande, also known as Brito, Wendy

Leave to appeal to this Court denied.

Saxe, J.

M-2644     People v Rios, Francisco

Leave to appeal to this Court denied.

Saxe, J.

M-2646     People v Edwards, Darren

Leave to appeal to this Court denied.

Saxe, J.

M-2666     People v Carpenter, Frederic

Leave to appeal to this Court denied.