First Department Motions
THE FOLLOWING MOTION ORDERS WERE ENTERED AND FILED ON DECEMBER 16, 2003
Buckley, P.J., Nardelli, Tom, Mazzarelli, Andrias, JJ.

M-5407     People v Barrington, Henry

M-5408           Brown, David also known as Purter, Kenneth          also known as Rayford, David also known as          Haynesworth, Daniel

M-5409           Brown, Jackie also known as Brown, Jacklyn

M-5410           De la Cruz, Jose also known as Delacruz, Jose

M-5412           Dotson, Steven

M-5413           Fields, Niles

M-5414           Hayes, Hafiz

M-5416           Landy, Dan

M-5417           Lopez, Caesar, also known as Lopez, Cesar

M-5422           Morales, Victor

M-5424           Sanchez, Zoila also known as Sanchez, Soila

M-5427           Tavarez, Edward

M-5428           Taylor, Lawrence also known as Taylor,           Lawrence Edward

M-5429           Tucker, Robert

M-5430           Cano, Jesus

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

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

M-4867     People v Patrick, Anthony

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

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

M-5322     In the Matter of Torres v Kelly

Time to perfect proceeding enlarged to the March 2004 Term.

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

M-4899     Taylor v Stein
M-5227

Appeal dismissed.

Buckley, P.J., Andrias, Saxe, Williams, Gonzalez, JJ.

M-4959     NYCTL 1998-1 Trust and the Bank of New York as Collateral Agent & Custodian v Rabinowitz

Stay granted on condition undertaking previously posted by appellant remains in effect pending hearing and determination of the appeal, which appellant is directed to perfect for the April 2004 Term, as indicated.

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

M-5492     Becker Parkin Dental Supply Company, Inc. v 450
M-5491 Westside Partners, LLC

Appeal adjourned to the March 2004 Term, as indicated; stay granted.

Buckley, P.J., Rosenberger, Ellerin, Friedman, JJ.

M-4942     People v Ramirez, Javier

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

Nardelli, J.P., Tom, Mazzarelli, Ellerin, JJ.

M-5144     People v Gomez, Angel

Moving papers deemed a timely filed notice of appeal.

Nardelli, J.P., Tom, Mazzarelli, Ellerin, JJ.

M-5221     Montrose Investments Ltd. v Tidel Technologies, Inc.

Time to perfect appeal enlarged to the May 2004 Term.

Nardelli, J.P., Tom, Mazzarelli, Ellerin, JJ.

M-5261     People v Foti, John

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

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

M-4821     In the Matter of B., Donesha

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

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

M-4930     People v Pope, Shakim

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

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

M-5025     Joyce v Murphy
M-5118

Appeals consolidated; time to perfect same enlarged to the April 2004 Term, as indicated.

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

M-5142     People v Garcia, Jose

Leave to unseal minutes and related relief denied.

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

M-5192     Annenberg v Calvo
M-5275

Time to perfect appeal and cross appeal enlarged to the April 2004 Term; direct appeal dismissed unless perfected for said Term, as indicated.

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

M-5298     People v Smith, Michael

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

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

M-5269     Coffran v McMunn

Reargument denied.

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

M-5165     People v Then, Jose

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

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

M-5172     Goldson v Waugh

Time to perfect appeal enlarged to the April 2004 Term.

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

M-5205     Ramalho v The New York Times Company

Time to perfect appeal enlarged to the April 2004 Term.

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

M-5206     Mendez v The Union Theological Seminary in the City of New York
(And Other Actions)

Time to perfect appeal enlarged to the April 2004 Term.

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

M-5355     Zimmerman v Zimmerman

Time to perfect appeal enlarged to the May 2004 Term.

Tom, J.P., Saxe, Rosenberger, Williams, Gonzalez, JJ.

M-4397     In the Matter of S., Valentine N.-S., also known as S., Valentine; S., Jordan Nicole, also known as S., Jordan - - St. Christopher-Ottilie

Leave to prosecute appeal as a poor person granted to the extent indicated. (See M-4779/M-4780, decided simultaneously herewith.)

Tom, J.P., Saxe, Rosenberger, Williams, Gonzalez, JJ.

M-4779     In the Matter of S., Valentine N.-S., also known as S.,
M-4780     Valentine; S., Jordan Nicole, also known as S., Jordan - - St. Christopher-Ottilie

Leave to prosecute appeal as a poor person granted to the extent indicated. (See M-4397, decided simultaneously herewith.)

Tom, J.P., Saxe, Rosenberger, Williams, Gonzalez, JJ.

M-4676     People ex rel. Wade, Tyler v Palmer

Writ of habeas corpus granted, as indicated; matter transferred to Supreme Court, Bronx County, as indicated; motion otherwise denied.

Tom, J.P., Saxe, Rosenberger, Williams, Gonzalez, JJ.

M-4689     People ex rel. Johnson, Marcus v Taylor

Writ of habeas corpus granted, as indicated; matter transferred to Supreme Court, New York County, as indicated; motion otherwise denied.

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

M-5395     Marcus v Marcus

Leave to strike portions of brief denied, as indicated.

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

M-5028     People v Cardona, Miguel

Notice of appeal amended, as indicated.

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

M-4992     People v Tucker, Na-Quon N., also known as Tucker, Na-Quon, also known as Tucker, Naquon

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

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

M-5378     People v Rodriguez, Alfredo

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

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

M-5396     People v Parker, Roy, also known as Parker, Roy L.

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

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

M-5458     Kreutzer v A.C.E. Elevator Co., Inc.

Stay of trial denied.

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

M-5482     Mordas, also known as Schenkein v Schenkein

Time to perfect consolidated appeals enlarged to the March 2004 Term, as indicated.

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

M-4972     People v Arriaga, Jose, also known as Arriaga, Jose A.

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

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

M-4973     People v Arroyo, David

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

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

M-4983     People v Kendall, Cyril, also known as Kendall, Cyril N., also known as Kendall, Dr. C.N.

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

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

M-4994     People v White, Carl, also known as White, Carl S., Sr.

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

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

M-5247     Florio v Fisher Development, Inc.
(And Other Actions)

Reargument or other relief denied.

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

M-5262     People v Crespo, Reinaldo, also known as Gonzalez, Alex

Pro se supplemental brief deemed timely filed for the April 2004 Term, to which Term appeal adjourned.

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

M-5267     People v Palmer, Devrol

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

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

M-5380     In the Matter of Perez v City University of New York

Time to perfect appeal enlarged to the April 2004 Term.

Saxe, J.P., Rosenberger, Friedman, Marlow, JJ.

M-5138     U.S. Bank National Association v Holmes

Reargument and/or other relief denied; interim relief granted by order of a Justice of this Court, dated November 13, 2003, vacated.

Saxe, J.P., Sullivan, Williams, Lerner, Friedman, JJ.

M-5308     Kashelkar v Maharashtra Mandal New York, Inc.

Enlargement of record on appeal and other relief denied, as indicated. (See this Court's Order entered November 6, 2003 [M-4743].)

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

M-5254     In re: New York City Asbestos Litigation - -
M-5464     Bretton v A.C. & S.

Motions deemed withdrawn.

Buckley, P.J.

M-4102     People v Jones, Roy, also known as Johnson, Van

Leave to appeal to this Court denied.

Buckley, P.J.

M-4723     People v Sostre, David

Leave to appeal to this Court denied.

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

M-2510In the Matter of William J. McCann,
(admitted as William John McCann)
an attorney and counselor-at-law:

Respondent's 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.