First Department Motions
THE FOLLOWING MOTION ORDERS WERE ENTERED AND FILED ON AUGUST 7, 2003
Buckley, P.J., Tom, Rosenberger, Ellerin, Williams, JJ.

M-2919     People v Rodriguez, Ramon

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

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

M-2346A     People v Mu¤oz, Ramon, #1

Leave to prosecute appeal as a poor person granted,
as indicated. (The order of this Court entered on June 3, 2003
[M-2346], recalled and vacated.)

Buckley, P.J., Tom, Ellerin, Gonzalez, JJ.

M-2921     Korelis v Conriv Realty Corp.

Leave to prosecute appeal as a poor person and other relief denied.

Buckley, P.J., Nardelli, Mazzarelli, Williams, Gonzalez, JJ.

M-2922     K & S Realty Co. v The City of New York
(and other actions)

Leave to appeal to the Court of Appeals denied.

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

M-2909     Sieger v The Union of Orthodox Rabbis
of the United States and Canada, Inc.

Reargument denied.

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

M-2601     Sanders v St. Vincent's Hospital

Appeal dismissed.

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

M-2846     People v Foy, James

Appeal dismissed.

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

M-2903     People v Mejia, Estevan

Appeal dismissed.

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

M-2811     People v Savignon, Ricardo, also known as Savinon,                Ricardo F.

M-2812           Mutaquim, Moses, also known as Moses, Mutaquim

M-2971           Sheppard, Shadee

M-3009           Schnabel, Kenneth

Leave to prosecute appeals as poor persons granted, as indicated.
Nardelli, J.P., Rosenberger, Williams, Marlow, Gonzalez, JJ.

M-2955     People v Crews, Matthew

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-2992     People v Jones, Larry

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

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

M-2987     People v Meija, Luis

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-3021     In the Matter of C., Felicia Laura v W., Craig

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

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

M-2959     Vega v City of New York

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

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

M-2813     People v Poole, Michael

M-2920           Fernandez, Manuel

M-2960           Barton, Dean

M-2974           Valentine, Rafael

Leave to prosecute appeals as poor persons denied, with leave to renew, as indicated.

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

M-2939     People v Thomas, Maxwell

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

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

M-3012     People v Hernandez, Geraldo

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

Nardelli, J.P., Mazzarelli, Saxe, Rosenberger, Friedman, JJ.

M-2782     People v Joseph, Gary, also known as Luc, Joseph

Counsel substituted.

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

M-2588     In the Matter of Howard v New York
State Board of Parole

Leave to appeal to this Court granted; poor person relief granted to the extent indicated.

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

M-2972     People v Singleton, Dwayne

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

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

M-3014     People v Holaquin, William

Moving papers deemed a timely filed notice of appeal.

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

M-3005     Time Warner City Cable v Tri State Auto, Inc.

Time to perfect appeal enlarged to the December 2003 Term; motion otherwise denied.

Nardelli, J.P., Tom, Lerner, Marlow, Gonzalez, JJ.

M-2268     102-116 Eighth Avenue Associates, L.P. v Oyola

Leave to appeal to the Court of Appeals denied.

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

M-3018     The Interpublic Group of Companies, Inc. v National
Union Fire Insurance Company of Pittsburgh, PA

Stay denied.

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

M-3002     In the Matter of G., Stephanie and G., Jennifer
Lutheran Social Services

Dismissal of appeal denied, with leave to renew, as indicated. (See M-3129, decided simultaneously herewith.)

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

M-3129     In the Matter of G., Stephanie and G., Jennifer
Lutheran Social Services

Time to perfect appeals enlarged to the February 2004 Term. (See M-3002, decided simultaneously herewith.)

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

M-2204     People v DiMaria, James

Dismissal of appeal denied; time to perfect appeal enlarged to the December 2003 Term.

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

M-3060     People v Moore, Curtis

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

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

M-3106     People v Felder, Joe

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

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

M-3168     In the Matter of M., Samara; S., Zakiya; R., Amanda
and M., Dashauna Administration for Children's
Services

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

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

M-3065     People v Morris, Juan

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

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

M-3089     People v Ciriaco, Melis-Piadoso

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

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

M-3052     People v DiMatteo, John

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

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

M-3058     People v Lopez, Rafael

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

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

M-2917     People v Jerez, Ramon

Moving papers deemed a timely filed notice of appeal.

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

M-3292     In the Matter of Kandemir v New York State
Division of Housing and Community Renewal

Time to perfect appeal enlarged to the November 2003 Term, as indicated.

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

M-3224     Azrielant v Azrielant

Time to perfect appeal enlarged to the November 2003 Term.

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

M-3187     People v O'Garra, Anthony

Time to perfect appeal enlarged to the November 2003 Term.

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

M-3342     In the Matter of Butta Pagani v Butta

Dismissal of appeal denied; time to perfect appeal enlarged to the December 2003 Term, as indicated.

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

M-2930     Brown v O'Neill

Time to perfect appeal enlarged to the December 2003 Term.

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

M-3210     In the Matter of Goldman v New York State
Division of Housing and Community Renewal, Office
of Rent Administration

Time to perfect appeal enlarged to the December 2003 Term.

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

M-3549     Davis v HSS Properties Corporation

Appeal adjourned to the October 2003 Term, as indicated.

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

M-3380     In the Matter of B., Ann v B., William

Time to perfect appeal enlarged to the November 2003 Term, as indicated.

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

M-3545     EMF General Contracting v Bisbee

Time to perfect appeal enlarged to the November 2003 Term; stay granted by order of a Justice of this Court, dated
June 5, 2003, continued; stay vacated unless perfected for said November 2003 Term; plaintiff directed to consolidate appeal from order entered on May 13, 2003, with the appeal from the judgment subsequently entered thereon.

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

M-3529     Levenson v Lippman

Leave to file brief amicus curiae granted, as indicated; appeal adjourned to the October 2003 Term, with leave to the respective parties to file revised or supplemental briefs, as indicated.

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

M-3465     In the Matter of Domansky v Little;
In the Matter of Domansky v Schenker

Appeals consolidated; consolidated appeals to be perfected for the November 2003 Term; Clerk directed to calendar consolidated appeals for hearing with appeal in appeal in related matter under Surrogate's Court New York File No. 1737/92. (See M-3343, decided simultaneously herewith.)

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

M-3343     In the Matter of Schenker Rad
Schenker v East 20th Street Associates

Time to perfect the appeal enlarged to the November 2003 Term; Clerk directed to calendar the appeal for hearing
with the consolidated appeal in related matters under Index Nos.
101018/03 and 603744/02. (See M-3465, decided simultaneously herewith.)
Tom, J.P., Andrias, Saxe, Ellerin, Friedman, JJ.

M-3250     Herbert v Sivaco Wire Corp.

Stay of trial granted.

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

M-3407     Dorfman v Mid-Town Realty Corp.

Stay granted.

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

M-3290     Fruition, Inc. v Rhoda Lee, Inc.

Stay of trial granted.

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

M-3204     The Bank of New York v Salomon Smith Barney, Inc.

Stay denied; interim relief granted by order of a Justice of this Court, dated June 30, 2003, vacated.

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

M-3242     Santiago v Brandeis

Stay granted.

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

M-3269     People v Zabielinsky, Allan

Stay of implementation of the Amended Schedule of Restitution Payments portion of amended judgment denied.

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

M-3259     Steinberger v Steinberger, also known as Lippman
M-3432
Stays denied.

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

M-3326     Katzen v Balaj

Stay denied.

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

M-3233     Spodek v Park Property Development Associates
(and another action)

Appeals consolidated; movant directed to file 10 copies of her brief forthwith; defendants directed to respond thereto for the October 2003 Term, to which Term perfected appeal and cross appeal adjourned.

Mazzarelli, J.P., Saxe, Ellerin, Marlow, JJ.

M-1776     People v Strong, Michael, also known as Atkinson, Andre

Writ of error coram nobis denied.

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

M-2644     Chuchuca v Redux Realty, LLC
(and a third-party action)

Leave to appeal to the Court of Appeals denied.

Andrias, J.P., Lerner, Williams, Marlow, JJ.

M-1287     People v Osborne, Randall

Writ of error coram nobis and other relief denied.

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

M-1404     Wein & Malkin, LLP v Helmsley-Spear, Inc.

Reargument granted and, upon reargument, the decision and order of this Court entered on February 18, 2003 (Appeal
Nos. 198-199) recalled and vacated and a new decision and order substituted therefor. (See Appeal Nos. 198-199, decided simultaneously herewith.)

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

M-2899     People v Petty, Jamal

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

Rosenberger, J.P., Ellerin, Williams, Marlow, JJ.

M-1533     People v Wells, Carl

Reargument denied.

Tom, J.

M-3007     People v Palmer, Russell

Reargument and/or renewal denied.

Rosenberger, J.

M-3108     People v Johnson, Ted

Reargument denied.

Friedman, J.

M-3107     People v Smith, Debra

Leave to appeal to this Court granted, as indicated.

Gonzalez, J.

M-2582     People v Lewis, Lawrence

Leave to appeal to this Court denied.

Gonzalez, J.

M-6102     People v Newton, Alan

Leave to appeal to this Court denied.

The following orders were entered and filed on July 31, 2003
Buckley, P.J., Nardelli, Tom, Mazzarelli, Andrias, JJ.

M-2311A (D.C. #8)     In the Matter of G., "Baby Boy", also known as G., Aristotle, also known as G., Aristotle FranciscoMilton William; and G., "Baby Girl", also known as G., Final, also known as G., Final Mio Harlem Dowling-Westside Center for Children and Family Services

Upon the Court's own motion, time to perfect appeal enlarged to the December 2003 Term. (The order of this Court entered on July 24, 2003 [M-2311] recalled and vacated.)

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

M-3385     Modell's NY, Inc. v Macerich Queens Center
M-3391Limited Partnership
M-3547

Dismissal of appeal denied; costs, sanctions and attorney's fees denied; leave to file a supplemental record on appeal granted, as indicated.