First Department Motions
THE FOLLOWING MOTION ORDERS WERE ENTERED AND FILED ON JANUARY 13, 2005
Buckley, P.J., Tom, Mazzarelli, Andrias, Saxe, JJ.

M-5755     People v Barre, Leonardo

Appeal withdrawn.

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

M-5790X     Palompelli v Vurchio

Appeal withdrawn.

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

M-5791X     Knodel, Inc. v Metropolitan Transportation Authority, acting by and through Metro-North Commuter Railroad Company

Appeal withdrawn.

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

M-5347     Trinity Products, Inc. v Burgess Steel LLC

Appeals consolidated; stay granted on condition consolidated appeals perfected for the May 2005 Term, as indicated.

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

M-5673     People v Brown, Anthony

M-5675           Daniels, Elton

M-5678           Ferrara, Junior, also known as
                Ferreira, Cecilio, also known as
                Perdomo, Wilson

M-5679           Fryar, Rashea

M-5681           Goris, Jorge, also known as
                Goris, Gorge

M-5682           Grant, Jamal

M-5683           Haire, Cyheem

M-5684           Laboy, Herberto

M-5685           Mate, Karl, also known as
                Mati, Karl

M-5686           McGraw, Robert

M-5687           Herndon, Damonel

M-5689           Perez, Bernard

M-5690           Ricketts, Junior, also known as
                Ricketts, Junior M.

M-5692           Rivera, Anthony

M-5693           Sesay, Ansumana

M-5697           Williams, Anthony

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

Buckley, P.J., Friedman, Marlow, Sweeny, JJ.

M-5399     People v Laster, Michael

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

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

M-5272     People v Davis, Timothy

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

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

M-5275     People v Lopez, Ramon

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

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

M-5288     People v Yates, Antoine

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

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

M-5378     People v Johnson, Mark

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

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

M-5458     People v Dotson, Steven

Time to perfect appeal enlarged to the May 2005 Term.

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

M-5578     People v Parks, Corey

Time to perfect appeal enlarged to the May 2005 Term.

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

M-5480     Fedele v Ackerman

Enlargement of record on appeal denied.

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

M-5453     People v Fields, Niles

Leave to file a pro se supplemental brief granted to on or before February 22, 2005 for the May 2005 Term, to which Term appeal adjourned, as indicated.


Tom, J.P., Friedman, Ellerin, Sweeny, Catterson, JJ.

M-5672     People v Maynard, Jeremiah
M-5734
Dismissal of appeal denied; time to perfect appeal enlarged to on or before February 22, 2005 for the May 2005 Term.

Tom, J.P., Friedman, Ellerin, Sweeny, Catterson, JJ.

M-5771     The Commissioners of the State Insurance Fund v
          Palpal Corp.

Stay granted, as indicated; defendant directed to perfect appeal for the May 2005 Term.

Tom, J.P., Friedman, Ellerin, Sweeny, Catterson, JJ.

M-5608     Driscoll v DeLarosa

Stay denied.

Tom, J.P., Friedman, Ellerin, Sweeny, Catterson, JJ.

M-5641     People v Romero, Robert

Leave to file pro se supplemental brief granted to on or before February 22, 2005 for the May 2005 Term, for which Term appeal and that of co-defendant Ubaldo Romero adjourned, as indicated.

Tom, J.P., Friedman, Ellerin, Sweeny, Catterson, JJ.

M-5599     People v Bautista, Patricio, also known as
                Dectista, Patricio

Leave to file pro se supplemental brief denied.

Tom, J.P., Friedman, Ellerin, Sweeny, Catterson, JJ.

M-5522     People v Smith, Collie

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

Tom, J.P., Andrias, Saxe, Marlow, Nardelli, JJ.

M-5521     Cosby v Law Offices of Stickel, Rice and Jenning

Leave to prosecute appeal as a poor person denied, with leave to renew, as indicated; removal of the names of defendants Stewart B. Greenspan, Esq. and Edward Haynes, Esq. from the caption of motion and from any subsequent filings with respect to the aforesaid action/appeal granted.

Tom, J.P., Andrias, Saxe, Marlow, Nardelli, JJ.

M-5543     Royster v The City of New York

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

Tom, J.P., Andrias, Saxe, Marlow, Nardelli, JJ.

M-5485     People v Taylor, Phillip, also known as
                Taylor, Phillip A.

Production of outstanding minutes denied as moot.

Tom, J.P., Friedman, Ellerin, Sweeny, Catterson, JJ.

M-5748     Brasseur v Speranza
M-5769

Plaintiffs directed to excise (1) the verified amended answer to the second amended complaint, dated September 1, 2004, and (2) plaintiffs' verified reply to the counterclaims, served on or about November 2, 2004 as well as any references in the brief to those two papers, appearing at pages 8 and 16-17; correct the table of contents of the record, as indicated. Appeal adjourned to the March 2005 Term. Cross motion to enlarge the record on appeal denied.

Tom, J.P., Andrias, Saxe, Marlow, Nardelli, JJ.

M-5391     People v Abelson, Ian

Enlargement of record on appeal and related relief denied.

Tom, J.P., Friedman, Ellerin, Sweeny, Catterson, JJ.

M-5740     Komlosi v Burchetta, Broffman, Collin & Hanley, LLP.

Corrected reply brief deemed filed.

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

M-5282     Wiesenthal v Weinberg
M-5513

Dismissal of appeal denied; stay of proceedings and related and/or alternative relief denied. Appeal adjourned to the April 2005 Term. Caption amended, as indicated; appellant directed to serve and file supplemental record on appeal.

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

M-5624     Veligdan v Lancaster

Stay and related relief denied; interim relief granted by order of a Justice of this Court, dated December 14, 2004, vacated.

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

M-5511     Nager v Teachers' Retirement System of the City of
          New York

Time to perfect appeal enlarged to the June 2005 Term.

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

M-5328     People v Vasquez, Juan

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

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

M-5550     Gondal Asset Management, Inc. v New York Stock Exchange

Leave to prosecute appeal as a poor person denied.

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

M-5197     In the Matter of B., Steven v S., Makeeba

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

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

M-5443     In the Matter of Hannenman - Curley

Matter transferred to the Appellate Division, Second Department for disposition.

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

M-5352     In the Matter of Chatman Towers, Inc. v Bloomberg

Respondents-appellants-respondents directed to perfect direct appeal for the May 2005 Term; motion otherwise denied.

Andrias, J.

M-5449     People v Savinon, Carlos

Leave to appeal to this Court denied.

The Following Orders Were Entered And Filed On January 11, 2005:
Tom, J.P., Friedman, Ellerin, Sweeny, Catterson, JJ.

M-5655     Cohen v Fischer

Stay denied.

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

M-5554     In the Matter of E., Diana v M., Angel Luis

Leave to respond as a poor person granted, as indicated; appeal adjourned to the April 2005 Term.

Tom, J.P., Friedman, Ellerin, Sweeny, Catterson, JJ.

M-5820     In the Matter of C., Betty v New York City Administration for Children's Services;
          In the Matter of M., Marie Annette -- New York City
          Administration for Children's Services

Leave to respond as poor persons granted, as indicated; appeal adjourned to the May 2005 Term.

Tom, J.P., Mazzarelli, Friedman, Gonzalez, Sweeny, JJ.

M-4992     In the Matter of R., Andrew DeJ. - Commissioner of Social Services

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

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

M-5340     Garner v Agiovlasitis

Stay granted on condition appellant perfects appeal on or before February 7, 2005 for the April 2005 Term. Respondent directed to file his brief on or before March 9, 2005 and appellant's reply brief, if any, to be served and filed on or before March 18, 2005.

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

M-5207     In the Matter of M., Antoinette and M., Dominique - Catholic Home Bureau

Leave to respond as a poor person granted, as indicated; appeal adjourned to the April 2005 Term.

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

M-5568     Johanson v J.B. Hunt Transport, Inc.

Leave to file a brief and appear amicus curiae denied.

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

M-5331     In the Matter of Landmark West! v Burden

Amicus curiae brief deemed filed; movant directed to file additional nine copies of said brief with the Clerk of the Court.


The Following Order Was Entered And Filed On January 12, 2005:
Tom, J.P., Friedman, Ellerin, Sweeny, Catterson, JJ.

M-5645     In the Matter of Community Preservation Corporation M-5646 v A. Gifford Miller M-5788
Leave to file amicus curiae briefs denied.