First Department Motions
THE FOLLOWING MOTION ORDERS WERE ENTERED AND FILED ON JANUARY 20, 2005
Buckley, P.J., Tom, Mazzarelli, Andrias, Saxe, JJ.

M-126     People v Hernandez, Rafael

Upon the Court's own motion, counsel substituted.

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

M-5021     McGarvey v The Bank of New York

Leave to appeal to the Court of Appeals denied.

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

M-5206     In the Matter of Braun v Braun

Dismissal of appeal denied, with leave to respondents to address issues on appeal.

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

M-5795     Motta v Huttner
M-5798
Leave to file supplemental record on appeal and/or alternative relief denied; purported appeal dismissed.

Tom, J.P., Saxe, Williams, Sweeny, Catterson, JJ.

M-5018     In the Matter of Santiago v Johnson

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

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

M-5669     In the Matter of D., Dalena v D., Brooks

Leave to prosecute appeal as a poor person and other relief denied.

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

M-5676     People v Downes, Andrea

M-5677           Elias, Armando

M-5680           Gamble, Corey

M-5688           Garcia-Piola, Felo, also known as
Garcia-Piola, Fezo

M-5695           White, Victor

Leave to prosecute appeals as poor persons denied, with leave to renew, as indicated.

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

M-5783     People v Noble, Emilio

Moving papers deemed a timely filed notice of appeal.

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

M-5696     People v Parks, Corey

Time to perfect appeal enlarged to the May 2005 Term.

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

M-5761     Maracallo v The Board of Education
of the City of New York

Time to perfect appeal enlarged to the May 2005 Term.

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

M-5515     In the Matter of The Rehabilitation of Frontier
Insurance Company Callon Petroleum Co.

Time to perfect appeal enlarged to the June 2005 Term.

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

M-5606     People v McIntosh, Dion

Time to perfect appeal enlarged to the June 2005 Term.

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

M-5483     People v Ortega, Cesar

Appeal adjourned to the June 2005 Term.

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

M-5596     Serio v National Union Fire Insurance
Company of Pittsburgh, PA.

Appeals consolidated; time to perfect same enlarged to the May 2005 Term.

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

M-5713     Martinez v Home Assistance Technicians, Inc.
(And third-party actions)

Appeals consolidated; time to perfect same enlarged to the June 2005 Term.

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

M-5452     405 Lexington, L.L.C. v Duane Reade
v IDI Construction Company, Inc.
(And a fourth-party action)

Time in which for respective appellants to perfect the appeal and cross appeal enlarged to the June 2005 Term, as indicated.

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

M-5745     Hempstead Park Associates, LLC v Sunshine Care Corp.

Stay denied, as indicated.

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

M-5116     Bluebird Partners, L.P. v First Fidelity
Bank, N.A., New Jersey

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

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

M-5192     People v Jones, Milton

Reargument and/or reconsideration denied.

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

M-5481     Mulitex USA, Inc. v Marvin Knitting Mills, Inc.
M-5361
Reargument or other relief denied; stay denied;
interim relief granted by order of a Justice of this Court dated November 24, 2004, vacated.

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

M-5541     In the Matter of Perez v Hernandez

Motion deemed withdrawn.

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

M-5531     In the Matter of R., Matthew
M-5716
Appeal dismissed.

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

M-5774     In the Matter of Torres v The City of New York
Department of Buildings

Time to perfect appeal enlarged to the May 2005 Term.

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

M-5773     In the Matter of Duval v The City of New York
Department of Buildings

Time to perfect appeal enlarged to the May 2005 Term.

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

M-5510     Braun v 941 Park Ave. Inc.

Time for all parties in which to perfect their appeal and appeal and cross appeal enlarged to the May 2005 Term.

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

M-5528     Carter v Full Service, Inc.
M-5728
Time to perfect appeal enlarged to the May 2005 Term. Appeal dismissed unless perfected for said Term, as indicated.

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

M-5566     Valenziano v Niki Trading Corporation

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

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

M-5000     B-U Realty Corp. v Rapp

Leave to appeal from the Appellate Term denied, as indicated.

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

M-4326     People v Adams, Nyeen, also known as Adams, Nyeem,
also known as Nyeem, Adams

Renewal and/or reargument denied.

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

M-5424     Liu v Galinas

CPLR 5704(a) relief denied.

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

M-5487     Crespo v Dormitory Authority of the State of New York;
TDX Construction Corporation v S & P Construction
Management, Inc.

Time in which all parties to perfect respective appeal and appeal and cross appeal enlarged to the June 2005 Term; Clerk directed to calendar same for hearing together.

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

M-5796     River Terrace Associates, LLC v The Bank of New York

Time to perfect appeal enlarged to the May 2005 Term.

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

M-5780     Robles v 54 East 176th Street Housing
Development Corporation

Time to perfect appeal enlarged to the June 2005 Term.

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

M-5832     In the Matter of F., Manuel; G., Dominique;
P., Aaron; P., Ariel; and S., Devina
Administration for Children's Services

Time to perfect appeal enlarged to the June 2005 Term.

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

M-5749     Riddick v The City of New York

Appeals consolidated; time to perfect same enlarged to the June 2005 Term, as indicated.

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

M-5414     People v Alcantara, Yonis, also known as
Alcantara, Jonis

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

Marlow, J.

M-5163     People v Diaz, Pedro

Leave to appeal to this Court denied.

Marlow, J.

M-5334     People v Brown, Josh

Leave to appeal to this Court denied.

Marlow, J.

M-4398     People v Malloy, Anthony, also known
as Milloy, Anthony

Leave to appeal to this Court and other relief denied.

Marlow, J.

M-5132     People v Flemming, Woodrow

Reargument denied.

Marlow, J.

M-5483     People v Jackson, Ronald

Reargument denied.

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

M-5370     In the Matter of Helaine S. Brick
(admitted as Helaine Susan Brick)     
a disbarred attorney:

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