First Department Motions
THE FOLLOWING MOTION ORDERS WERE ENTERED AND FILED ON JULY 29, 2004
Buckley, P.J., Nardelli, Tom, Mazzarelli, Andrias, JJ.

M-2996X     Romano v Triborough Bridge and Tunnel Authority
(And other actions)

M-2997X     Bovis Lend Lease LMB, Inc. (formerly known as Lehrer
McGovern Bovis, Inc.) v Falcon Steel, Co.

M-2998X     Cummin v Cummin

M-2999X     Kasowitz, Benson, Torres & Friedman, LLP v Siegel

M-3010X     Robinson v Robinson

Appeals withdrawn.

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

M-3003X     Fernandez v 255 West End Avenue Owners Corp.

Appeal, previously perfected for the September 2004 Term, withdrawn.

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

M-2823     People v Brown, Michael

M-2824           Chatman, Cherzon

M-2827           Fernandez, Jose

M-2830           Jacobs, Ernest, also known as Jacobs,
Ernest A.

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

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

M-2831     People v Knight, Davon

M-2832           Nelson, Leroy

M-2833           Pemberton, Ruben, also known as Pembeton,
Rubin, also known as Penbenton, Ruben

M-2834           Vasquez, Juan

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

Buckley, P.J., Williams, Lerner, Marlow, JJ.

M-2363     People v Outerbridge, Michael

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

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

M-2711     People v Lugo, Junior

Appeal deemed withdrawn.

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

M-2396     Generation Properties Investment Co. v Leung

Appeal dismissed.

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

M-2397     Lai v Leung

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

M-2795     People v Ross, Stephen, also known as Ross, Stephan,
also known as Ross, Stephan S.

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

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

M-2680     In the Matter of J., Jahisha Jaysawnna
Corporation Counsel of the City of New York

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

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

M-2594     In the Matter of G., Kenneth

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

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

M-2975     People v Rosa, Miguel

Counsel substituted.

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

M-2572     People v Anderson, Colin

Enlargement of time to file notice of appeal denied.

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

M-2606     People v Rivera, Rafael

Enlargement of time to file notice of appeal and other relief denied.

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

M-2784     People v Colon, Paul, also known as Colon, Miguel,
also known as Cruz, Robert

Notice of appeal from judgment rendered April 5, 2004 under Ind. Nos. 2540/02 and 2035/03 deemed timely filed; poor person relief granted under Ind. No. 1762/02 by order entered on December 9, 2003 (M-5232) extended to cover all indictment numbers.

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

M-2792     People v Pacheco, Andre

Notice of motion deemed timely filed notice of appeal from judgment rendered October 15, 2003 under Ind. No. 3527/03; poor person relief granted under Ind. No. 394/02 by order entered on March 2, 2004 (M-231) extended to cover both indictment numbers.

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

M-2761     In the Matter of S., La'Asia Lanae, and R., Keyona
Ashley The Salvation Army

Time to perfect appeal enlarged to the October 2004 Term, as indicated.

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

M-2800     Rosenbaum v City of New York

Time to perfect appeal enlarged to the November 2004 Term.

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

M-2813     Nager v Teachers' Retirement System of
the City of New York

Time to perfect appeal enlarged to the December 2004 Term.

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

M-2846JP Morgan Chase Bank v 224 Fourth, LLC

Time to perfect appeal enlarged to the December 2004 Term.

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

M-2858     In the Matter of W., Deniqua Michelle, also known
as W., Deniqua St. Christopher-Ottilie

Time to perfect appeal enlarged to the December 2004 Term.

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

M-2901     Dormitory Authority of the State of New York
v Triangle Services Inc.

Time to perfect appeal enlarged to the December 2004 Term.

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

M-2873     Stahl v Mauray Realty Co.

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

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

M-2766     In the Matter of H., Robert

Transcription of minutes directed, as indicated; time to perfect appeal enlarged to the December 2004 Term.

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

M-2686     People v Barnes, Mark

Assigned counsel permitted to review portion of trial transcript, as indicated.

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

M-1343     Westcom Corporation v Dedicated Private
Connections, LLC

Reargument granted and, upon reargument, the decision and order of this Court entered on March 2, 2004 (Appeal No. 2888), is recalled and vacated and a new decision and order substituted therefor. (See Appeal No. 2888, decided simultaneously herewith); leave to appeal to the Court of Appeals denied.

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

M-2921     Ross v Louise Wise Services, Inc.

Stay of all proceedings, including trial, denied.

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

M-2911     In the Matter of Rice v Jamaica Energy Partners, L.P.

Enlargement of time to file amended brief and record granted on condition petitioner serves and files same for the November 2004 Term, as indicated.

Tom, J.P., Sullivan, Williams, Lerner, Gonzalez, JJ.

M-1930     Sharar v Manhattan Center Studios

Motion deemed withdrawn, as indicated.

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

M-2510     People v Chenet, Juan

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

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

M-2508     People v Acosta, Miguel

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

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

M-3028     G.-McW., Nadine v McW., Jason John

CPLR 5704(a) relief denied.

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

M-2862     In the Matter of C., Gregory v S., Nyree

M-3006     The Cadle Company v Mazella

M-3022     Jackson v Pichler

M-3116     Bovis Lend Lease, Inc. v Allcity Insurance Company

Time to perfect appeals enlarged to the November 2004 Term.

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

M-2945     RST Resources, Inc. v Sumitomo Corporation

Time to perfect appeal enlarged to the December 2004 Term.

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

M-2903     In the Matter of A., Jason, also known as A., Jason
Manny; and A., Sasha, also known as A., Sasha Gracey
Administration for Children's Services

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

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

M-3097     Roberts v City of New York

Amicus curiae brief submitted with moving papers deemed timely filed.

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

M-3071     Unanue v Rennert

Leave to strike appellant's brief and related relief denied; appeal adjourned to the October 2004 Term.

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

M-2981     In the Matter of M., Alicia
Cardinal McCloskey Services

Leave to prosecute appeal as a poor person granted, as indicated. (See M-3223, decided simultaneously herewith.)

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

M-3223     In the Matter of M., Alicia
Cardinal McCloskey Services

Dismissal of appeal denied. (See M-2981, decided simultaneously herewith.)

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

M-3096     Rosenthal v City of New York

Amicus curiae brief submitted with moving papers deemed timely filed for the September 2004 Term.

Mazzarelli, J.

M-405     People v Benston, Maurice

Leave to appeal to this Court granted, as indicated.

Mazzarelli, J.

M-480     People v Senior, Dimitrius

Leave to appeal to this Court granted, as indicated.

Mazzarelli, J.

M-110     People v Jones, Michael

Leave to appeal to this Court denied.

Andrias, J.

M-1782     People v Hodge, Allen

Renewal/reargument denied.

Ellerin, J.

M-762     People v Anonymous

Leave to appeal to this Court denied.

Williams, J.

M-2603     People v Artemieva, Larissa

Leave to be admitted to bail denied.

Marlow, J.

M-2314     People v Madrigal, Diomedez,
also known as Pujols, Rafael

Leave to appeal to this Court granted, as indicated.

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

M-2892In the Matter of Attorneys Who Are in Violation
of Judiciary Law Section 468-a:

      David Avery Lipton, admitted April 25, 1990,
at a Term of the Appellate Division,
Second Department

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

Buckley, P.J., Nardelli, Tom, Lerner, Friedman, JJ.

M-220In the Matter of Peter D. Hirschl
(admitted as Peter David Hirschl),
a suspended attorney:

Respondent's suspension continued until such time as his probation has been concluded and until further order of this Court, as indicated. Opinion Per Curiam. All concur.

Nardelli, J.P., Lerner, Friedman, Marlow, Gonzalez, JJ.

M-1771In the Matter of Stanley J. Szaro
(admitted as Stanley Joseph Szaro),
an attorney and counselor-at-law:

Respondent suspended from the practice of law in the State of New York, effective the date hereof, until such time as disciplinary matters pending before the Committee have been concluded and until further order of this Court. Opinion Per Curiam. All concur.

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

M-1303In the Matter of Kirill Percy,
an attorney and counselor-at-law:

Respondent suspended from the practice of law in the State of New York, effective the date hereof, until such time as disciplinary matters pending before the Committee have been concluded, and until further order of this Court; matter referred to a Referee, as indicated. Opinion Per Curiam. All concur.