First Department Motions
THE FOLLOWING MOTION ORDERS WERE ENTERED AND FILED ON DECEMBER 6, 2005
Buckley, P.J., Tom, Mazzarelli, Andrias, Saxe, JJ.

M-6581X     Athanasiou-Piork v Fashion Wire Daily, Inc.

M-6582X     Beard v Worder

M-6583X     Cyber-Struct Inc. v Midwood Management Corp.

M-6622X     Leonard v Knoll

Appeals withdrawn.

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

M-6627     In the Matter of Newark Insurance Company v Rucaj

Appeal, previously perfected for the December 2005 Term, withdrawn.

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

M-6590     Estate of Vega - Fernandez v Lincoln Center for the Performing Arts, Inc.
(And a Third-Party Action)

Appeal and cross appeals, previously perfected for
the November 2005 Term, withdrawn.

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

M-6597X     Koufakis v Kastra Construction Corp.

Appeal and cross appeal withdrawn.

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

M-6461     People v Nobles, Hector

Leave to respond to appeal as a poor person granted,
as indicated; appeal adjourned to the March 2006 Term.

Buckley, P.J., Saxe, Andrias, Friedman, Marlow, JJ.

M-5961     People v Herasme, Wilgen

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

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

M-5756     People v Copeland, Larry

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

Buckley, P.J., Andrias, Saxe, Nardelli, Malone, JJ.

M-6203     People v Gomez, Yakim, also known as Gomez Ka'David, Yahkim

Time to file pro se supplemental brief enlarged to the April 2006 Term, to which Term appeal adjourned.

Buckley, P.J., Andrias, Saxe, Nardelli, Malone, JJ.

M-6222     Blutreich v Amalgamated Dwellings, Inc.

Time to perfect appeal enlarged to the March 2006 Term.

Buckley, P.J., Andrias, Saxe, Nardelli, Malone, JJ.

M-6463     In the Matter of AIU Insurance Company v Franklin Holguin

Leave to intervene as an additional respondent granted; appeal adjourned to the April 2006 Term.

Buckley, P.J., Tom, Saxe, Gonzalez, Malone, JJ.

M-5795
M-6232     Atsco Ltd. v Swanson

Enlargement of record on appeal denied; defendants-respondents directed to file corrected respondents' brief for
the February 2006 Term, to which Term appeal adjourned, all as indicated.

Buckley, P.J., Andrias, Saxe, Nardelli, Malone, JJ.

M-6057     Fischbarg v Doucet, also known as Bell-Doucet

Stay granted on condition appeal perfected for the April 2006 Term, as indicated, and motion otherwise denied.

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

M-5794     Dinner Club Corp., doing business as Areca v Hamlet
     on Olde Oyster Bay Homeowners Association, Inc.

Reargument or other relief denied, as indicated.

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

M-5395     Estate of Schwartz - Shimamoto v S & F Warehouses, Inc.
(And a Third-Party Action)

Reargument denied; leave to appeal to the Court of Appeals granted, as indicated.

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

M-6054     In re W., Ronald - New York City Administration for Children's Services

Reargument or other relief denied.

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

M-5819     People v Murphy, Angel

Leave to unseal minutes and enlarge record on appeal denied; time to perfect appeal enlarged to the March 2006 Term.

Tom, J.P., Andrias, Ellerin, Nardelli, Sweeny, JJ.

M-5229     People v Wiltshire, James

Reargument denied.

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

M-2571     People v Reyes, Wilberto

Writ of error coram nobis denied.

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

M-6142     People ex rel. Rawlins - Stone, Roland v Lorquet

Stay and other relief denied.

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

M-6288     Moran v Regency Savings Bank, F.S.B.

Stay granted on condition appeal perfected for the March 2006 Term of this Court and that sanctions imposed be paid in full, all as indicated.

Mazzarelli, J.P., Marlow, Williams, Sweeny, Catterson, JJ.

M-6181     Feldman v Maffucci Storage Corp.

Time to perfect appeal enlarged to the March 2006 Term.

Mazzarelli, J.P., Marlow, Williams, Sweeny, Catterson, JJ.

M-6240     Jones v The State of New York

Time to perfect appeal enlarged to the May 2006 Term.

Mazzarelli, J.P., Marlow, Williams, Sweeny, Catterson, JJ.

M-6186
M-6346     845 UN Limited Partnership v Flour City Architectural Metals, Inc.

      Plaintiff-respondent-appellant directed to immediately reimburse defendant-appellant-respondent for one-half the costs of the joint appendix; cross motion denied without prejudice to plaintiff filing a supplemental appendix, all as indicated.

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

M-6307     TAG 380, LLC v ComMet 380, INC.
(And a Third-Party Action)

Stay of counsel fee hearing granted on condition appeal perfected for the April 2006 Term, as indicated.

Mazzarelli, J.P., Marlow, Williams, Sweeny, Catterson, JJ.

M-5818     Martinez v Jesionowska

Stay of trial granted on condition appeal perfected for the April 2006 Term, as indicated.

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

M-6114     Gomez v Delacruz

Stay granted.

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

M-6219     In the Matter of R., Chantel

Record and briefs on appeal sealed; caption amended,
as indicated.

Mazzarelli, J.P., Marlow, Williams, Sweeny, Catterson, JJ.

M-5976     People v Budhoo, Parmanand

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

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

M-6308     People v Nash, Michael

Leave to file pro se supplemental brief granted for
the April 2006 Term, to which Term appeal adjourned; motion otherwise denied.

Mazzarelli, J.P., Marlow, Williams, Sweeny, Catterson, JJ.

M-6220     People v Ruiz, Jonathan

Leave to prosecute appeal as a poor person and related relief granted; Clerk of the Supreme Court shall expeditiously have made and filed with the criminal court two transcripts of the SORA hearing and other proceedings, all as indicated.

Andrias, J.P., Sullivan, Williams, Gonzalez, Catterson, JJ.

M-6234     Waller v Site Safety LLC
(And a Third-Party Action)

Time to perfect appeal enlarged to the March 2006 Term, as indicated.

Andrias, J.P., Sullivan, Gonzalez, Sweeny, Catterson, JJ.

M-5381     The City of New York v The State of New York

Reargument or other relief denied.

Saxe, J.P., Marlow, Ellerin, Gonzalez, McGuire, JJ.

M-5836
M-5987     Orjuela v Regan Pontiac-Buick-GMC Truck, Inc.
(And a Third-Party Action)

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

Saxe, J.P., Marlow, Ellerin, Gonzalez, McGuire, JJ.

M-5717     People v Griffin, Roger

Enlargement of time to file notice of appeal denied,
as indicated.

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

M-3806     People v Dushain, Carl

Writ of error coram nobis denied.

Marlow, J.P., Nardelli, Williams, Sweeny, McGuire, JJ.

M-5248     People v Alvarez, Carlos

Appeal dismissed.

Marlow, J.P., Nardelli, Williams, Sweeny, McGuire, JJ.

M-5273     People v Ortega, Jose

Appeal dismissed.

Marlow, J.P., Nardelli, Williams, Sweeny, McGuire, JJ.

M-5272     People v Zubillaga, Jose

Appeal dismissed.

Sullivan, J.P., Ellerin, Nardelli, Gonzalez, JJ.

M-2663     People v Bramble, Benjamin

Writ of error coram nobis denied.

Friedman, J.P., Marlow, Gonzalez, Catterson, JJ.

M-5358     Rapid Demolition Container Services, Inc. v Maldonado

Leave to appeal to the Court of Appeals denied.

Marlow, J.

M-6047     People v McBride, Norman

Leave to appeal to this Court denied.

Marlow, J.

M-5729     People v Alvarado, Jose

Leave to appeal to this Court and other relief denied.

Marlow, J.

M-5472     People v Harden, Paul

Leave to appeal to this Court denied.

Sullivan, J.

M-3869     People v Harris, Horace

Leave to appeal to this Court denied.

Buckley, P.J., Mazzarelli, Ellerin, Catterson, McGuire, JJ.

M-4961     In the Matter of Nancy L. Kourland,
a disbarred attorney:

Application for reinstatement as an attorney and counselor-at-law in the State of New York granted only to the extent of referring this matter to a Hearing Panel for a hearing and report, as indicated. No opinion. All concur.

Mazzarelli, J.P., Marlow, Ellerin, Williams, Gonzalez, JJ.

M-4656     In the Matter of Mac Truong
a disbarred attorney:

Motion to vacate order of disbarment and other relief denied, with costs. Clerk of this Court directed to accept no further motions by respondent with respect to this proceeding without prior leave of this Court. No opinion. All concur.

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

M-2927     In the Matter of Leo L. Wong
(admitted as Leo Lehon Wong),
an attorney and counselor-at-law:

Respondent publicly censured. Opinion Per Curiam. All concur.

The following orders were entered and filed on December 1, 2005:
Buckley, P.J., Andrias, Catterson, McGuire, Malone, JJ.

M-6631     Hines v Falcon Gun & Rod Club

Stay of trial denied.

Tom, J.P., Marlow, Williams, Gonzalez, McGuire, JJ.

M-6513     Virtigo Caf�, LLC, doing business as Times SQ. Caf�
     v American Multi-Cinema, Inc.

Stay granted on condition appeal perfected for the April 2006 Term, as indicated.

Mazzarelli, J.P., Marlow, Williams, Sweeny, Catterson, JJ.

M-6343     People ex rel. Nikci, Luvigji v Shaw

Writ of habeas corpus denied, as indicated.

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

M-5218     Rogovin v Rogovin
(And Another Action)

Law guardian's proposed supplemental appendix
submitted with the brief deemed filed; motion otherwise denied, as indicated.

     

Andrias, J.P., Saxe, Friedman, Nardelli, Malone, JJ.

M-5035     People v Lemus, Carlos

Dismissal of appeal denied.