First Department Motions
THE FOLLOWING MOTION ORDERS WERE ENTERED AND FILED ON FEBRUARY 5, 2004
Buckley, P.J., Nardelli, Tom, Mazzarelli, Andrias, JJ.

M-290     People v Gibson, Jamel

Appeal withdrawn.

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

M-325     People v Payton, Carl

Appeal withdrawn.

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

M-335X     James v Johnson-Gorshi

Appeal withdrawn.

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

M-5933     People v Blackshaw, Brian

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

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

M-198     People v Jones, Jamie, also known as Jones, Lamont

Counsel substituted.

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

M-336     People v Griffin, Anthony

Upon the Court's own motion, counsel substituted.

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

M-337     People v Moses, Mutaquim, also known as Mutaquim, Moses

Upon the Court's own motion, counsel substituted.

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

M-339     People v Williams, Keivan

Upon the Court's own motion, counsel substituted.

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

M-163     Ferrester v Rothko

Stay of proceedings, including trial, granted on condition appeal perfected for the June 2004 Term, as indicated.

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

M-67          Waldvogel v Carlyle/SL Green 1250 Broadway, LLC

Stay denied.

Buckley, P.J., Nardelli, Sullivan, Williams, Lerner, JJ.

M-5506     JMD Holding Corp. v Congress Financial Corporation

Leave to appeal to the Court of Appeals denied, as indicated. (See M-5534, decided simultaneously herewith.)

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

M-5534     JMD Holding Corp. v Congress Financial Corporation

Leave to submit brief amicus curiae in support of appellant's motion for leave to appeal to the Court of Appeals denied. (See M-5506, decided simultaneously herewith.)

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

M-192     Buttrick Burnham & Murphy, LLP, doing business as
Murphy Burnham & Buttrick, LLP v Binn

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

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

M-5770     People v Batchilly, Sulayman
M-5930
Dismissal of appeal denied; leave to prosecute appeal as a poor person granted, as indicated.

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

M-5946     People v Lamarche, Jack, also known as LaMarche, Jack

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

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

M-5969     People v Wise, Gregory

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

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

M-6019     People v Barnett, William

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

Nardelli, J.P., Saxe, Williams, Friedman, JJ.

M-5504     Hand v Silberman

Leave to prosecute appeal as a poor person denied, without prejudice to renewal, as indicated.

Nardelli, J.P., Mazzarelli, Andrias, Williams, JJ.

M-11          Carroll v Weill

Reargument or other relief denied.

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

M-5846     In re Domansky v Little; Domansky v Schenker

Reargument denied.

Nardelli, J.P., Mazzarelli, Andrias, Saxe, JJ.

M-3314     People v Diaz, Juan

Writ of error coram nobis and other relief denied.

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

M-4          Alper v Seavey

Leave to strike certain points from plaintiff's brief on appeal from order entered on or about November 17, 2003 and other relief denied, without prejudice to addressing issues in respondent's brief.

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

M-5888     Hixon v 12-14 East 64th Owners Corp.

Appeal dismissed.

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

M-5733     McNally v East Twins Enterprises, Inc., doing
business as The Star

Dismissal of appeal denied.

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

M-6013     People v Mu�oz, Elvin

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

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

M-6016     People v Kdouh, Yasser Ali, also known
as Ali-Kdouh, Yasser

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

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

M-6017     People v Vicenty, Victor

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

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

M-6035     People v Atwater, Samuel, also known as Goodman, John

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

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

M-25          People v Brown, Raymond

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

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

M-59          People v Mitchell, Heyward

Stay of execution of sentence extended on condition appeal perfected for the June 2004 Term.

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

M-22          In the Matter of W.-G., Dontaya Princess, also known as W., Dontaya; W.-D., Caewanya Precious, also known as W., Caswanya; S., Kenneth Leslie, also known as S., Kenneth; and P., Cecil Jeffrey, Jr., also known as P., Cecil The New York Foundling Hospital

Time to perfect appeal enlarged to the September 2004 Term.

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

M-5596     People v O'Garra, Anthony, also known as O'Garro, Anthony, also known as Ogarra, Anthony

Substitution of counsel denied.

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

M-4040     People v McDuffie, Johnnie

Writ of error coram nobis and other relief denied.

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

M-10          SRM Card Shop, Inc. v 1740 Broadway Associates, L.P.
(And another action)

Reargument or other relief denied, as indicated.

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

M-5644     Solow Management Corp. v Tanger

Reargument denied.

Tom, J.P., Saxe, Rosenberger, Lerner, Marlow, JJ.

M-5057     Richbell Information Services, Inc.
v Jupiter Partners, L.P.

Leave to appeal to the Court of Appeals denied.

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

M-4107     People v Westergreen, Ian
M-4220
Reargument denied; leave to be provided with copies of transcripts denied.

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

M-6014     People v Lecorps, Evans,
also known as Lecorps, Evans E.

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

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

M-6015     People v Ramos, Albert

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

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

M-5728     People v Seeley, Shelton,
also known as Shelton, Seeley

Counsel substituted.

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

M-193     Garcia v Puccio

Time to perfect appeal enlarged to the May 2004 Term.

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

M-82          257 Park Avenue Associates v Music Sales Corporation

Time to perfect appeal enlarged to the June 2004 Term.

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

M-250     People v Harden, Paul

Enlargement of time to perfect appeal or alternative relief denied.

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

M-6063     People v Johnson, Andre and Johnson, Donald

Court reporter directed to expeditiously file transcripts of stenographic minutes, as indicated; poor person relief previously granted continued.

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

M-149     Amstel Recycling & Concrete Corp.
v The City of New York

Preliminary appellate injunction granted on terms and conditions contained in interim order of a Justice of this Court dated January 14, 2004, which directs the appeal to be perfected for the May 2004 Term, as indicated.

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

M-5561     Cruz v HHS Properties Corporation
M-5562
Reargument denied; leave to appeal to the Court of appeals denied, all as indicated.

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

M-4098     People v Diaz, Roberto

Writ of error coram nobis denied.

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

M-5583     People v Haynes, Wilfred

Moving papers deemed a timely filed notice of appeal.

Nardelli, J.

M-57          People v Liboy, Michael

Leave to appeal to this Court granted, as indicated.

Lerner, J.

M-6060     People v Pettus, James

Leave to appeal to this Court denied.

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

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

M-5Daniel Boone Allison II, admitted on 1-27-66,
at a Term of the Appellate Division,
First Department

Respondent reinstated as an attorney and counselor-at-law in the State of New York, effective the date hereof. No opinion. All concur.