First Department Motions
THE FOLLOWING MOTION ORDERS WERE ENTERED AND FILED ON FEBRUARY 3, 2005
Buckley, P.J., Tom, Mazzarelli, Andrias, Saxe, JJ.

M-173     People v Bayard, Ramel

M-175           Brown, Christopher

M-177           Cherry, Lamont

M-178           Doggett, William

M-179           Eaton, Clifford

M-181           Esquilin, Wayman, also known as
Esquilin, Wayman P.

M-182           Gamble, Lanell

M-184           Marine, Danny

M-185           Marino, Dominick

M-186           Nash, Michael

M-187           O'Kane, David, also known as O'Kane, David A.,
also known as Okane, David

M-188           Ortiz, Raymond, also known as Reyes, Carlos

M-189           Overton, Mitchell

M-190           Ramos, Christopher

M-191           Redwood, Kmansi

M-192           Roberts, Roland

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

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

M-193     People v Rodriguez, Raul

M-194           Rosales, Luis

M-195           Souss, Dean

M-196           Sutton, Kenneth

M-197           Vasquez, Michael

M-198           Vilfort, Urovsky, also known as
Bonneau, Wally

M-199           Walker, Alvin

M-201           Weinflash, David, also known as
Weinflash, David H.

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

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

M-5875     People v Moreno, Ricardo

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

Buckley, P.J., Andrias, Nardelli, Gonzalez, Sweeny, JJ.

M-5840     In the Matter of Robles v Hirsch

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

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

M-5406     People v Martinez, Fabio
M-5649
Dismissal of appeal denied; time to perfect same enlarged to the June 2005 Term.

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

M-47          Korean First Bank of New York v Noah Enterprises, Ltd.;
Noah Enterprises, Ltd. v Korean First Bank of New York

Reargument or other relief denied.

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

M-5710     Albanese v The City of New York

Leave to appeal to the Court of Appeals granted, as indicated.

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

M-112     In the Matter of L., Darnell Commissioner of the
Administration for Children's Services

Appeal deemed withdrawn.

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

M-55          In the Matter of Palacio v Service Employees
International Local 32 B-J

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

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

M-34          In the Matter of Ortiz v Hauswald

Leave to prosecute appeal as a poor person denied, with leave to renew, as indicated; assignment of appellate counsel denied.

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

M-5882     One Gateway Plaza LLC v Metropolitan Transit Authority

Time to perfect appeal enlarged to the June 2005 Term.

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

M-244     Melnitzky v Apple Bank for Savings
M-232     (And a third-party action)

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

Tom, J.P., Sullivan, Gonzalez, Catterson, JJ.

M-5577     In re Gamman v Kelly

Leave to appeal to the Court of Appeals denied.

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

M-37          People v Castillo, Juan, also known as Castillas, Juan

Leave to file pro se supplemental brief and other relief denied.

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

M-5770     Solow Management Corporation v Tanger
M-5819
Appeal dismissed unless perfected for the May 2005 Term, as indicated; leave to file record consisting of Record on Appeal submitted on a prior appeal and related relief denied.

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

M-5654     Jamison v New York City Housing Authority
Lincoln Houses

Stay denied, as indicated; petitioner directed to perfect appeal on or before March 21, 2005 for the June 2005 Term.

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

M-5782     People v Marte, Wascar

Appeal deemed withdrawn.

Mazzarelli, J.P., Marlow, Ellerin, Nardelli, Catterson, JJ.

M-5214     Spaziante v Obayashi Corporation, doing business as
OC American Construction Company; Obayashi Corporation,
doing business as OC American Construction Company
v PEM Electrical Corp.
(And other actions)

Appeal dismissed.

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

M-5294     In the Matter of J., Zarlia Loretta
Abbott House, Inc.

Appeal dismissed unless perfected for the June 2005
Term, as indicated.

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

M-5878     People v Vanderhorst, Jeffrey

Moving papers deemed a timely filed notice of appeal under Ind. No. 7098/00; leave to prosecute appeals as a poor person granted, as indicated.

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

M-5874     People v Jones, Charles

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

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

M-5720     Uriondo v Timberline Camplands, Inc.

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

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

M-256     In the Matter of C., Donovan

Time to perfect appeal enlarged to the June 2005 Term.

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

M-5757     Nickerson v The City of New York
(And a third-party action)

Time to perfect appeal enlarged to the June 2005 Term.

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

M-5590     212 Investment Corporation v Kaplan

Leave to appeal to the Court of Appeals and other relief denied.

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

M-5609     Bedford Apartments Co. v Lewison

Leave to appeal from the Appellate Term denied.

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

M-5575     MYP Food Corp. v Tower Insurance Company of New York

Leave to appeal to the Court of Appeals denied.

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

M-5572     Agostino v Soufer

Reargument or other relief denied.

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

M-5547     Thomas v Cooper Square Mutual Housing Association

Preliminary appellate injunction denied; interim relief granted by order of a Justice of this Court, dated December 8, 2004, vacated.

Andrias, J.P., Saxe, Sullivan, Ellerin, Sweeny, JJ.

M-237BDO Seidman, LLP v Bloom

Time to perfect appeal enlarged to the May 2005 Term; appeal dismissed unless perfected for said Term; stay granted by order of this Court entered on December 16, 2004 (M-5073), continued.

Andrias, J.P., Saxe, Sullivan, Ellerin, Sweeny, JJ.

M-159     Vann, also known as Farmer v Rothenberg

Defendants-respondents granted leave to file supplemental record on appeal along with their respondent's brief for the April 2005 Term, all as indicated; motion otherwise denied.

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

M-5842     In re New York City Asbestos Litigation
Holdampf v A.C. & S., Inc.

Leave to appeal to the Court of Appeals granted, as indicated.

Friedman, J.P., Marlow, Nardelli, Sweeny, Catterson, JJ.

M-5723     In the Matter of A., Tashona Sharmane
Graham-Windham Services to Families and Children

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

Friedman, J.P., Marlow, Nardelli, Sweeny, Catterson, JJ.

M-5759     People v Harris, Conroy

Enlargement of time to file notice of appeal denied.

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

M-5877     People v Sanchez, Steven

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

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

M-5611     Lustenring v AC&S, Inc.
(And another action)

Motion granted only to the extent of issuing a corrected order this date (Appeal Nos. 4786-87), and otherwise denied.

Sullivan, J.

M-5584     People v Sullivan, Mitchell

Leave to appeal to this Court denied.

Catterson, J.

M-5844     People v Strong, Michael,
also known as Atkinson, Andre

Leave to appeal to this Court and other relief denied.