First Department Motions
The following order was entered and filed on January 29, 2004
Nardelli, J.P., Mazzarelli, Ellerin, Friedman, JJ.

M-5896     In the Matter of L., Roque Jr. v L., Nancy L.
M-93
Leave to respond to appeal as a poor person denied, with leave to renew, as indicated; counsel substituted.

THE FOLLOWING MOTION ORDERS WERE ENTERED AND FILED ON FEBRUARY 3, 2004
Buckley, P.J., Nardelli, Tom, Mazzarelli, Andrias, JJ.

M-259X     Reynolds v Gagen

Appeal withdrawn.

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

M-258X     Theodon v Ansonia Commercial, LLC

Appeal withdrawn.

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

M-298     Jenkins v Argonaut Holdings, Inc.

Appeal withdrawn.

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

M-260X     Blue Tree Hotels Investment (Canada), Limited v Starwood Hotels & Resorts Worldwide, Inc.

Appeals from orders entered on or about March 12, 2003 and July 29, 2003 withdrawn; appeal and cross appeal from order entered on or about February 26, 2003, and appeal from order entered on or about March 11, 2003 remain in effect.

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

M-5980     Malm v Wellington Associates, Inc.

Appeal, previously perfected for the January 2004 Term, withdrawn.

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

M-5647     People v Oliver, Ariel also known as Olivier, Ariel also known as Oliveri, Ariel

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

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

M-5502     Yardeni v Manhattan Eye, Ear and Throat Hospital
M-5654
M-5734     Appeals consolidated; time to perfect same enlarged to the May 2004 Term; dismissal of same granted unless so perfected.

Buckley, P.J., Mazzarelli, Andrias, Sullivan, JJ.

M-5973     Sheehy v Clifford Chance Rogers & Wells LLP

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

Buckley, P.J., Andrias, Lerner, Friedman, JJ.

M-6          Bell v Bell, Kalnick, Klee & Green

Appeals consolidated; time to perfect same enlarged to the June 2004 Term.

Buckley, P.J., Andrias, Lerner, Friedman, JJ.

M-4351     237 Park Investors, LLC v J. Walter Thompson Company

Preliminary appellate injunction granted.

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

M-244     Cabrera v Hirth

Appeals consolidated; stay of retrial granted; parties directed to perfect consolidated appeals for the June 2004 Term.

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

M-5913     Orient Construction Group, Inc. v Insurance Corporation of New York
(And a Third-Party Action)

Stay denied.

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

M-5484     Paris v Waterman Steamship Corporation
M-5579
Appeal dismissed, imposition of costs and attorney's fees denied; cross motion denied as moot.

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

M-4901A     People v Urena, Julio also known as Urena, Julio Bladimir also known as Valdimir, Julio

Moving papers deemed a timely filed notice of appeal; leave to prosecute appeal as a poor person granted, as indicated. The order of this Court entered on December 9, 2003 (M-4901) recalled and vacated.

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

M-6018     People v Rodriguez, Jose

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

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

M-6039     People v Cyrus, Louis

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

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

M-5800     Miseirvitch v Bronfman
(And a Third-Party Action)

Appeal deemed withdrawn.

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

M-5938     People v DeJesus, Rafael

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

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

M-5948     People v Matos, Hector

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

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

M-5898     In the Matter of St. Paul Fire and Marine Insurance Company v Singh

Time to perfect appeal enlarged to the May 2004 Term.

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

M-5855     Medina v MSDW 140 Broadway Property, L.L.C.

Time to perfect appeal enlarged to the June 2004 Term.

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

M-6064     DiPierro v Auer's Moving & Rigging, Inc.

Time to perfect appeal enlarged to the September 2004 Term.

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

M-5918     Jiminez v Wiener
(And a Third-Party Action)

Time to perfect appeal enlarged to the May 2004 Term.

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

M-5978     Phufas v Cornerstone New York Muni Fund, Inc.

Appeal dismissed unless perfected for the June 2004 Term, as indicated.

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

M-124     In the Matter of M., "Male" also known as M., Jose - - Little Flower Children's Services

Time to perfect appeal enlarged to the May 2004 Term.

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

M-27          Giustizia v Cow-Bay Contracting
(And a Third-Party Action)

Time to perfect appeal enlarged to the September 2004 Term.

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

M-5822     In the Matter of Tizer - Stein v Tizer

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

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

M-5897     People v Caba, Ramon

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

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

M-5998     In the Matter of P., Henry; P., Roy; P., Katherine - -Administration for Children's Services

Time to perfect appeal enlarged to the June 2004 Term.

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

M-5999     In the Matter of P., Tiffany Tialand - - New York Foundling Hospital

Time to perfect appeal enlarged to the June 2004 Term.

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

M-5758     Espino v 470 Audubon Ave. Corp.

Appeal deemed withdrawn.

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

M-5431     Kouassi v Bay Crane Service, Inc.

Time to perfect appeal enlarged to the May 2004 Term.

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

M-5751     Standard Fire Insurance Company v Federal Pacific Electric Company

Appeals consolidated; time to perfect same enlarged to the June 2004 Term.

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

M-5782     Cron v Cron

Appeals dismissed unless perfected on or before March 22, 2004 for the June 2004 Term, as indicated.

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

M-5924     Holy Cross Polish National Catholic Church of New York v Milazzo

Appeal deemed withdrawn. (See M-5709, decided simultaneously herewith.)

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

M-5709     Holy Cross Polish National Catholic Church of New York v Pabis
(And Other Actions)

Consolidation of appeals denied. (See M-5924, decided simultaneously herewith.)

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

M-5722     Schall v Bracker

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

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

M-21          In the Matter of D., Matthew - - Angel Guardian Children and Family Services, Inc.

Time to perfect appellant father's appeal enlarged to the May 2004 Term.

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

M-164     Galop Group (D.H.) International Investment, LTD. v Pine Equity International, LLC

Appeal dismissed unless perfected for the June 2004 Term, as indicated.

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

M-66          Marcano v Calvary Hospital, Inc.

Time to perfect appeal enlarged to the June 2004 Term.

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

M-5376     In the Matter of Fernandez v Kelly

Time to perfect appeal enlarged to the June 2004 Term; leave to prosecute appeal as a poor person denied, with leave to renew, as indicated.

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

M-5276A     In the Matter of L., Emma; C., Shantay - - Bronx Administration for Children's Services

Upon the Court's own motion, leave to prosecute appeal as a poor person granted, as indicated; order of this Court entered on January 13, 2004 (M-5276) recalled and vacated.

Tom, J.

M-5572     People v Holder, Rogelio

Leave to appeal to this Court denied.