First Department Motions
THE FOLLOWING MOTION ORDERS WERE ENTERED AND FILED ON DECEMBER 2, 2004
Buckley, P.J., Nardelli, Tom, Mazzarelli, Andrias, JJ.

M-5105X     In the Matter of Sofasa, LLC, doing business as
Diamco Trading Co. v Schachter

M-5162X     Pedreira v Pedreira

M-5164     People v Vasquez, Victor

M-5054X     67 East 2nd Street, Inc. v Schwartz

M-5160X     Dormitory Authority of the State of New York
v Triangle Services, Inc.

Appeals withdrawn.

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

M-4903X     Cusamano v Katehis

Appeal and cross appeal withdrawn.

Buckley, P.J., Nardelli, Friedman, Sullivan, Gonzalez, JJ.

M-4591     Anonymous v Anonymous

Enlargement of time to perfect appeal denied; appeal dismissed.

Buckley, P.J., Mazzarelli, Andrias, Williams, Sweeny, JJ.

M-4191     In the Matter of P., Margaret Jeanette and
P., Alexander Joseph - The New York Foundling Hospital

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

Buckley, P.J., Williams, Lerner, Gonzalez, Sweeny, JJ.

M-4860     In the Matter of R., Alejandro

Time to perfect appeal enlarged to the March 2005 Term.

Buckley, P.J., Nardelli, Saxe, Sullivan, Gonzalez, JJ.

M-4539     People ex rel. Whitney, Wayne v Warden

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

Buckley, P.J., Ellerin, Lerner, Marlow, Catterson, JJ.

M-5036     People v White, Willie, also known as White, Willis

Leave to file pro se supplemental brief granted for the March 2005 Term, to which Term appeal adjourned; motion otherwise denied.

Buckley, P.J., Andrias, Sullivan, Ellerin, Lerner, JJ.

M-5322     Belfon v 92 Saint Nicholas Ave. HDFC

CPLR 5704(a) relief denied.

Buckley, P.J., Williams, Lerner, Gonzalez, Sweeny, JJ.

M-4626
M-4879     Ervin v Bronx Lebanon Hospital

Notice of appeal from order entered on or about
April 22, 2004 deemed valid; appeal from order entered on or about January 9, 2004 dismissed unless perfected for the March 2005 Term, as indicated.

Buckley, P.J., Williams, Lerner, Gonzalez, Sweeny, JJ.

M-4775     People v Otero, Jose

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

Buckley, P.J., Nardelli, Saxe, Sullivan, Gonzalez, JJ.

M-4433     People v Brujan, Hector

Leave to file late notice of appeal denied.

Buckley, P.J., Tom, Sullivan, Williams, Sweeny, JJ.

M-4655     Rivera v 2160 Realty Co., L.L.C.

Leave to appeal to the Court of Appeals granted, as indicated. (See M-5062, decided simultaneously herewith.)

Buckley, P.J., Tom, Sullivan, Williams, Sweeny, JJ.

M-5062     Rivera v 2160 Realty Co., L.L.C.

Stay of trial granted, as indicated. (See M-4655, decided simultaneously herewith.)

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

M-4767     People v Speller, Unique

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

Nardelli, J.P., Mazzarelli, Friedman, Gonzalez, JJ.

M-4648     People v Edwards, Eric

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

Nardelli, J.P., Mazzarelli, Sullivan, Friedman, Gonzalez, JJ.

M-5007     People v Purcell, Paul

Leave to file pro se supplemental brief denied.

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

M-4898     Friedman v Connecticut General Life Insurance Company

Time to perfect appeal enlarged to the March 2005 Term.

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

M-4559
M-4926     Dworkin Construction Corp. (USA) v Pirraglia Contracting, Inc.

Time to perfect appeal enlarged to the March 2005
Term; appeal dismissed unless perfected for said Term, all as indicated.

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

M-5001     Costa v Mt. Hope Asphalt Corp.

Time to perfect appeal enlarged to the May 2005 Term.

Nardelli, J.P., Saxe, Ellerin, Gonzalez, Catterson, JJ.

M-4697
M-4256     People v Bautista, Patricio, also known as Dectista, Patricio

Leave to defer decision denied; motion to relieve counsel denied.

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

M-4369     Jones Apparel Group, Inc. v Polo Ralph Lauren Corporation
(And another action)

Appeals deemed consolidated.

Nardelli, J.P., Tom, Saxe, Friedman, Sweeny, JJ.

M-4953     Radnay v 1036 Park Corporation
(And a third-party action)

Stay granted on condition appeal perfected for the March 2005 Term, as indicated.

Tom, J.P., Williams, Friedman, Marlow, Sweeny, JJ.

M-4349     Sauzo v Weiss

Stay of trial denied. (See the decision and order of this Court entered on October 5, 2004 [Appeal No. 4192].)

Tom, J.P., Ellerin, Williams, Lerner, Catterson, JJ.

M-4620     Benson v Hogan & Hartson, L.L.P.

Stay of trial denied.

Tom, J.P., Andrias, Saxe, Williams, Sweeny, JJ.

M-4966     Urena v Haley

Stay of trial and other relief denied.

Tom, J.P., Ellerin, Williams, Lerner, Catterson, JJ.

M-4411     In the Matter of M., Alysha and M., Mustafa - Administration for Children's Services

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

Tom, J.P., Ellerin, Williams, Lerner, Catterson, JJ.

M-4637     People v Victor, Jorge

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

Tom, J.P., Saxe, Williams, Sweeny, Catterson, JJ.

M-4991     People v Dixon, Echo

Appellate brief deemed withdrawn; time to serve and file new brief enlarged to the March 2005 Term.

Tom, J.P., Saxe, Williams, Sweeny, Catterson, JJ.

M-5060     Gold Force International, Inc. v Stefansky
(And a third-party action)

Time to perfect appeal enlarged to the March 2005 Term.

Tom, J.P., Saxe, Williams, Sweeny, Catterson, JJ.

M-4975     Mitchell v The City of New York

Time to perfect appeal from order entered on or about
September 10, 2003 enlarged to the June 2005 Term; Clerk directed to calendar said appeal with appeal from order entered on or about February 6, 2003 for hearing together in said Term.

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

M-4046
M-4085     Spector v Spector

Appeals deemed consolidated and adjourned to the
March 2005 Term; parties directed to settle transcript; appellant directed to correct record on appeal; respondent granted leave to file responding brief, all as indicated. Motion and cross motion otherwise denied.

Mazzarelli, J.P., Andrias, Saxe, Friedman, Catterson, JJ.

M-4717     People v Curtis, Khalil

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

Mazzarelli, J.P., Andrias, Sullivan, Lerner, Gonzalez, JJ.

M-4484     Corey v Collins

Reargument or other relief denied.

Mazzarelli, J.P., Williams, Friedman, Gonzalez, Catterson, JJ.

M-4375     People ex rel. Patterson, Trent v Warden

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

Mazzarelli, J.P., Ellerin, Lerner, Friedman, Sweeny, JJ.

M-4207     In the Matter of B., Aparicio Rodrigo and M., Zena - Miracle Maker, Inc.

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

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

M-4238     In the Matter of Gladney v Hernandez

Leave to prosecute appeal as a poor person granted to the extent indicated; time to perfect appeal enlarged to the April 2005 Term; motion otherwise denied.

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

M-4721     People v Collado, Mayra

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

Mazzarelli, J.P., Williams, Friedman, Gonzalez, JJ.

M-3144     People v Funches, Trevis

Writ of error coram nobis denied.

Mazzarelli, J.P., Andrias, Sullivan, Lerner, Gonzalez, JJ.

M-4729
M-4930     Max Five NY, LLC v Aquaterra Environmental Services Corp.

Appeal deemed withdrawn; dismissal of appeal denied,
as indicated.

Andrias, J.P., Sullivan, Ellerin, Lerner, Marlow, JJ.

M-4644     People v Kirkland, Wade

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

Andrias, J.P., Sullivan, Ellerin, Lerner, Marlow, JJ.

M-4658     In the Matter of B., Steven v S., Makeba - Administration for Children's Services

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

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

M-4738
M-4927     Pekelnaya v Board of Managers of the Park 106 Condominium
(And a third-party action)

Motion and cross motion deemed withdrawn.

Andrias, J.P., Sullivan, Ellerin, Lerner, Marlow, JJ.

M-4632     Grant v The City of New York

Time to perfect appeal enlarged to the March 2005
Term, as indicated.

Andrias, J.P., Sullivan, Ellerin, Lerner, Marlow, JJ.

M-4678     In the Matter of C., Issac v R., Veronica

Time to perfect appeal enlarged to the May 2005 Term.

Andrias, J.P., Sullivan, Ellerin, Lerner, Marlow, JJ.

M-4884     Transport Workers Union of America Local 100 v
Schwartz

Time to perfect appeal enlarged to the March 2005 Term.

Andrias, J.P., Sullivan, Ellerin, Lerner, Marlow, JJ.

M-4714     People v Fernandez, Jose

Enlargement of time to file notice of appeal denied.

Andrias, J.P., Sullivan, Ellerin, Lerner, Marlow, JJ.

M-4642     People v Vargas, Orlando

Enlargement of time to file notice of appeal denied.

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

M-3324     People v Rodriguez, Wilson

Writ of error coram nobis denied.

Andrias, J.P., Sullivan, Ellerin, Lerner, Marlow, JJ.

M-4682     Empire Blue Cross and Blue Shield v Various Underwriters at Lloyds, London, England

Dismissal of appeals denied, as indicated; perfected appeal from orders entered on or about November 20, 2002 and June 30, 2004 adjourned to the March 2005 Term; plaintiff directed to perfect appeal from order entered October 25, 2004 for said Term with appeals to be calendared for hearing together.

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

M-4646     People v Crawford, Guy

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

Sullivan, J.P., Ellerin, Lerner, Marlow, Catterson, JJ.

M-4954     Diaz v Siegel

Stay of trial granted on condition appeal perfected
for April 2005 Term, as indicated.

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

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

M-5174Kathleen O'Neil Larkin,
admitted on May 7, 1986,
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.