First Department Motions
The following orders were entered and filed on July 12, 2005:
Buckley, P.J., Mazzarelli, Friedman, Marlow, Ellerin, JJ.

M-2006A     CRT Capital Group, LLC v P. Schoenfeld Asset Management LLC

Upon the Court's own motion, time to perfect consolidated appeals enlarged to the January 2006 Term; Clerk directed to calendar consolidated appeals for hearing together. (See M-1725A/M-1856A/M-2005A/M-2149A and M-1857A/M-1974A/M-2007A decided simultaneously herewith).

Buckley, P.J., Mazzarelli, Friedman, Marlow, Ellerin, JJ.

M-1857A     Instinet Corporation v Susquehanna Capital Group
M-1974A     (An other actions)
M-2007A

Upon the Court's own motion, time to perfect consolidated appeals enlarged to the January 2006 Term; Clerk directed to calendar consolidated appeals for hearing together.
(See M-1725A/M-1856A/M-2005A/M-2149A and M-2006A decided simultaneously herewith.)

Buckley, P.J., Mazzarelli, Friedman, Marlow, Ellerin, JJ.

M-1725A     Maxcor Financial, Inc. v CRT Capital Group, LLC
M-1856A     (And other actions)
M-2005A
M-2149A

Upon the Court's own motion, time to perfect consolidated appeals enlarged to the January 2006 Term; Clerk directed to calendar consolidated appeals for hearing together. (See M-1857A/M-1974A/M-2007A and M-2006A decided simultaneously herewith.)

THE FOLLOWING MOTION ORDERS WERE ENTERED AND FILED ON JULY 14, 2005
Buckley, P.J., Tom, Mazzarelli, Andrias, Saxe, JJ.

M-2780X     ERS Enterprises, Inc. v Empire Holdings LLC

M-2849X     In the Matter of Leung v Law

M-2853     People v Burgos, Victor

M-2874     People v Rodriguez, Carlos

Appeals withdrawn.

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

M-2840X     Diallo v New York City Transit Authority
(And a third-party action)

Appeal and cross appeal withdrawn.

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

M-2698     People v Broadnax, Tislan, also known as Terrell, James

M-2699           Cartagena, Daniel

M-2701           Crowder, Eric

M-2702           Davis, Elijah, also known as Davis, Kevin

M-2703           Davis, Maurice

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

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

M-2704     People v Ellis, George

M-2705           Jones, Cecil, also known as Jones, Joseph

M-2706           Lugo, Daniel

M-2707           Rubio, Francisco

M-2709           Thomas, Alan also known as Skinner, Craig

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

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

M-2708     People v Swinton, Reginald

Leave to prosecute appeal as a poor person and related relief granted; Clerk of the Supreme Court shall expeditiously have made and filed with the criminal court two transcripts of the SORA hearing and other proceedings, all as indicated. Time to perfect appeal enlarged, as indicated.

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

M-2042 (D.C. #12)     J & D Mechanical Maintenance Corp. v The New York City Housing Authority

Upon the Court's own motion, appeal dismissed.

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

M-2270 (D.C. #57)     People v Jiminez, Robinson

Upon the Court's own motion, assigned counsel relieved; poor person relief granted by order of this Court entered on February 26, 2002 (M-6392A) continued; retained counsel directed to perfect appeal for the December 2005 Term, all as indicated.

Buckley, P.J., Marlow, Ellerin, Gonzalez, Sweeny, JJ.

M-2060     Silverman v 875 Tenant Corp.

Leave to vacate decision and order of this Court entered on March 22, 2005 (Appeal Nos. 5690-5691) denied.

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

M-314     People v Williams, Richard

Writ of error coram nobis and other relief denied.

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

M-2360     In the Matter of H., Children; T., Noemi v M., Sylvia
(And another action)

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

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

M-2154     Mehlman v 592-600 Union Avenue Corp.

Time to perfect appeal enlarged to the December 2005 Term.

Tom, J.P., Sullivan, Ellerin, Nardelli, Williams, JJ.

M-2587     In the Matter of L., Lashouyna v L., Tony

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

Tom, J.P., Sullivan, Ellerin, Nardelli, Williams, JJ.

M-2640     People v Dorsett, David

Leave to prosecute appeal as a poor person and related relief granted; Clerk of the Supreme Court shall expeditiously have made and filed with the criminal court two transcripts of the SORA hearing and other proceedings, all as indicated. Time to perfect appeal enlarged, as indicated.

Tom, J.P., Sullivan, Ellerin, Nardelli, Williams, JJ.

M-2683     People v Bligen, Terry

Leave to prosecute appeal as a poor person and related relief granted; Clerk of the Supreme Court shall expeditiously have made and filed with the criminal court two transcripts of the SORA hearing and other proceedings, all as indicated. Time to perfect appeal enlarged, as indicated.

Tom, J.P., Sullivan, Ellerin, Nardelli, Williams, JJ.

M-2524     In the Matter of H., Anglica, also known as H., Angelique - - Harlem Dowling Westside Center for Children and Family Services

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

Tom, J.P., Sullivan, Ellerin, Nardelli, Williams, JJ.

M-2593     People v Crumes, Jemel

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

Tom, J.P., Sullivan, Ellerin, Nardelli, Williams, JJ.

M-2612     In the Matter of Covel v New York County District Attorney

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

Tom, J.P., Sullivan, Ellerin, Nardelli, Williams, JJ.

M-2607     People v Thomas, Robert

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

Tom, J.P., Sullivan, Ellerin, Nardelli, Williams, JJ.

M-2456     Kearins v Gruberg, McKay & Stone, Esqs.

Dismissal of appeal denied; appellant directed to perfect appeal for the November 2005 Term.

Tom, J.P., Sullivan, Ellerin, Nardelli, Williams, JJ.

M-2724     N., Lilia v R., Simon

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

Tom, J.P., Sullivan, Ellerin, Nardelli, Williams, JJ.

M-2579     St. Clement v Casale

Appellant directed to perfect appeals on or before September 6, 2005 for the November 2005 Term; Clerk directed to calendar appeals for hearing together in said Term.

Tom, J.P., Sullivan, Ellerin, Nardelli, Williams, JJ.

M-2623     ADJMI 936 Realty Associates v Chicago Title Insurance Company

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

Tom, J.P., Sullivan, Ellerin, Nardelli, Williams, JJ.

M-2651     Westland Garden State Plaza, L.P. v EZAT, Inc., trading as VariZioni

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

Tom, J.P., Sullivan, Ellerin, Nardelli, Williams, JJ.

M-2740     In the Matter of Gonzalez v Warden
(And other actions)

Appeals consolidated.

Tom, J.P., Sullivan, Ellerin, Nardelli, Williams, JJ.

M-2804     William Capital Associates, Inc. v River Square Realty Corp.
(And another action)

Time to perfect appeal enlarged to on or before August 8, 2005 for the October 2005 Term.

Tom, J.P., Sullivan, Ellerin, Nardelli, Williams, JJ.

M-2719     In the Matter of Haynes v New York City Department of Homeless Services

Time to perfect appeal enlarged to the December 2005 Term.

Tom, J.P., Sullivan, Ellerin, Nardelli, Williams, JJ.

M-2776     ITT Industries, Inc. v Rayonier Inc.

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

Tom, J.P., Sullivan, Ellerin, Nardelli, Williams, JJ.

M-2670     Friedlander v New York City Transit Authority
M-2772
Consolidated appeals dismissed unless perfected for the February 2006 Term, as indicated.

Tom, J.P., Sullivan, Ellerin, Nardelli, Williams, JJ.

M-2634     Kulovany v Cerco Products, Inc.
(And other actions)

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

Tom, J.P., Sullivan, Ellerin, Nardelli, Williams, JJ.

M-2687     Balk v 125 West 92nd Street Corporation
M-2814
Appeals consolidated; time to perfect same enlarged to the November 2005 Term; dismissal of appeal from order entered on or about September 8, 2004 denied, as indicated.

Tom, J.P., Sullivan, Ellerin, Nardelli, Williams, JJ.

M-2451     Hamilton v Castro
M-2542
Matter referred to the Office of Referees, Supreme Court, Bronx County, for traverse hearing, as indicated.

Tom, J.P., Sullivan, Ellerin, Nardelli, Williams, JJ.

M-1648     Ruttner v Sharbat
M-1648A
M-2697
Stay and other relief denied; interim relief granted by order of a Justice of this Court, dated April 12, 2005, vacated; leave to file amicus curiae brief granted, as indicated.

Tom, J.P., Sullivan, Ellerin, Nardelli, Williams, JJ.

M-2664     Salah, also known as Ahmed, also known as Saleh v N.S.M. Ltd.

Leave to file amicus curiae brief denied.

Tom, J.P., Sullivan, Ellerin, Nardelli, Williams, JJ.

M-2730     Hernandez v Robles

Amicus curiae brief deemed filed.

Tom, J.P., Sullivan, Ellerin, Nardelli, Williams, JJ.

M-2620     People v Brewer, Eric

Leave to file pro se supplemental brief granted for the November 2005 Term, to which Term appeal adjourned.

Tom, J.P., Sullivan, Ellerin, Nardelli, Williams, JJ.

M-2535     People v Profitt, Egbert T.

Leave to file supplemental brief granted to the extent indicated.

Tom, J.P., Sullivan, Ellerin, Nardelli, Williams, JJ.

M-2627     Wolfer v 184 Fifth Ave. LLC

Leave to be relieved as counsel granted, as indicated; time to perfect appeal enlarged to on or before October 3, 2005 for the December 2005 Term.

Tom, J.P., Sullivan, Ellerin, Nardelli, Williams, JJ.

M-2688     People v Laboy, Herberto

Notice of appeal amended, as indicated.

Tom, J.P., Sullivan, Ellerin, Nardelli, Williams, JJ.

M-2488     People v Ortiz, Pavan

Appeal adjourned to the January 2006 Term.

Tom, J.P., Sullivan, Ellerin, Nardelli, Williams, JJ.

M-2550     People v Allen, William

Leave to file pro se supplemental brief granted for the December 2005 Term, to which Term appeal adjourned.

Tom, J.P., Sullivan, Ellerin, Nardelli, Williams, JJ.

M-2693     Arts4All, Ltd. v Hancock
M-2858
Movants directed to submit consolidated brief and supplemental record on or before September 6, 2005 for the November 2005 Term, to which Term defendant-counterclaimant-respondent/appellant directed to perfect said appeal. Defendant Hancock to file supplemental record on appeal, as indicated; cross motion otherwise denied.

Tom, J.P., Sullivan, Ellerin, Nardelli, Williams, JJ.

M-2563     First National Bank, now known as U.S. Bank National Association v Monti

Stay denied; interim relief granted by order of a Justice of this Court, dated June 8, 2005, vacated.

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

M-1459     Allstate Insurance Company v Kranis

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

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

M-5787     In the Matter of M., Marie Annette M. - - Administration for Children's Services

Leave to defend against appeal as poor persons denied, with leave to renew should respondents perfect an appeal.

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

M-381     In the Matter of D., Dyandria - - Administration for Children's Services
(And another action)

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

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

M-2454     In re Khan v Kelly

Leave to compel compliance with the prior order of this Court granted, as indicated.

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

M-2527     People v Rose, Drew

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

Saxe, J.P., Nardelli, Williams, Gonzalez, Catterson, JJ.

M-2372     People ex rel. Allah, Jisun v Warden

Dismissal of appeal denied, as indicated.

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

M-1808     Manshion Joho Center Co., Ltd. v Manshion Joho Center,
M-1930 Inc.

Time to perfect appeal and cross appeal from the judgment entered on or about June 22, 2004 enlarged to the November 2005 Term, for which Term plaintiff directed to perfect appeal from order entered on or about September 21, 2004 (M-1808). Cross motion denied (M-1930). Clerk directed to calendar appeals and cross appeal for hearing together in said November 2005 Term.

Williams, J.

M-2206     People v Jackson, Tyrone

Leave to appeal to this Court denied.

Williams, J.

M-2385     People v Matos, Raymond

Leave to appeal to this Court denied.

Williams, J.

M-2418     People v Cunningham, Joseph

Leave to appeal to this Court denied.

Williams, J.

M-2421     People v Galan-Martinez, Daniel

Leave to appeal to this Court denied.

Williams, J.

M-2422     People v Ayala, Bill

Leave to appeal to this Court denied.

Williams, J.

M-2440     People v Goris, Simon

Leave to appeal to this Court denied.

Williams, J.

M-2531     People v Pineda, Rafael

Leave to appeal to this Court denied.

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

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

M-2750John H.F. Enteman, admitted on 7-8-76,
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.

Sullivan, J.P., Ellerin, Williams, Gonzalez, Catterson, JJ.

M-1967     In the Matter of Chak Y. Lee
(admitted as Chak Yin Lee),
a suspended attorney:

Attorney appointed to inventory client files, as indicated. No opinion. All concur.

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

M-1931     In the Matter of William J. Lazaroni,
(admitted as William Joseph Lazarony)
a suspended attorney:

Respondent disbarred and his name stricken from the roll of attorneys and counselors-at-law in the State of New York, effective the date hereof. Opinion Per Curiam. All concur.