First Department Motions
THE FOLLOWING MOTION ORDERS WERE ENTERED AND FILED ON JUNE 21, 2005
Buckley, P.J., Tom, Mazzarelli, Andrias, Saxe, JJ.

M-2549X     Campbell v Rafonne

Appeal withdrawn.

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

M-2552X     Green v New York City Health and Hospitals Corp.

Appeal withdrawn.

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

M-2237     People v Castillo, Domingo

Appeal withdrawn.

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

M-2399     People v Aviles, Emilio

M-2400           Broadhead, Hasheem

M-2402           Claborn, Eric

M-2403           Epps, William

M-2404           Graham, Charles, Jr.

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

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

M-2405           Guzman, Modesto

M-2406           Haigler, Robert

M-2407           Hernandez, Carlos

M-2408           Jones, Khalik

M-2410           Lara, Miguel

M-2411           Martinez, Ramon

M-2412           O'Toole, Donald

M-2413           Toribio, Pablo

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

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

M-2175     People v Quintana, Victor

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; time to perfect appeal enlarged to the October 2005 Term, all as indicated.

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

M-2187     People v Judd, Martin

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; time to perfect appeal enlarged to the October 2005 Term, all as indicated.

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

M-2401     People v Carvey, Eric

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.

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

M-2409     People v Lara, Miguel

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

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

M-2115     Ramirez v The State of New York

Assignment of counsel denied; leave to prosecute appeal as a poor person denied, with leave to renew, as indicated.

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

M-2143     Maldonado v St. Barnabas Hospital

Leave to prosecute purported appeal as a poor person denied, as indicated.

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

M-2142     People v Levites, Roman

Counsel relieved, poor person relief previously granted continued; leave to proceed pro se granted, all as indicated; motion otherwise denied.

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

M-2159     People v Perez, Dori

Enlargement of time to file notice of appeal denied, as indicated.

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

M-2109     Jomarron v The State of New York
M-2335

Dismissal of appeal denied (M-2109); leave to transfer appeal denied, without prejudice to appellant seeking appropriate relief, as indicated (M-2335).

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

M-2334     People ex rel. Jenkins, John v Warden

Leave to withdraw as appellant's counsel on appeal denied, with leave to renew, as indicated. (See M-1981 entered June 7, 2005).

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

M-1925     In the Matter of A., John v M., Bridget
M-2017

Reargument or other relief denied (M-1925); leave to strike moving papers and other relief denied (M-2017).

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

M-2393     Melnitzky v North Fork Savings Bank

Reargument or other relief denied.

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

M-2144     ACF Industries Holding Corp. v Wachovia Capital
M-2304     Markets, LLC-ACF Industries, LLC

Stay of arbitration granted on condition ACF Industries LLC perfects appeal for the October 2005 Term (M-2144); appeal by ACF Industries Holding Corp. dismissed; motion otherwise denied without prejudice, all as indicated.

          

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

M-2031     Vasquez v Harris Corporation

Appeal dismissed.

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

M-2188     Timoney v Meltzer, Lippe, Goldstein,
Wolfe & Schlissel, P.C.

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

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

M-2040     Power Cooling, Inc. v The Churchill
School and Center

Reargument or other relief denied.

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

M-2233     Green v The New York City Department
of Education

Reargument or other relief denied.

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

M-1851     Cobb v Correa

Appeal dismissed.

Saxe, J.P., Sullivan, Nardelli, Gonzalez, JJ.

M-2014     Mail Boxes Etc. USA, Inc. v Higgins

Leave to vacate orders of this Court entered May 18, 2004 (M-1471/M-1476) and March 22, 2005 (M-650/M-928), denied, as indicated.

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

M-1975     Gazivoda v Sherman

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

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

M-1954     People v Marquez, Alberto

Enlargement of time to file notice of appeal denied, as indicated.

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

M-1935     People v Alexander, Nanette

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

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

M-1953     People v Marquez, Pernell

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

Marlow, J.P., Ellerin, Nardell, Sweeny, JJ.

M-2120     People v Ramirez, Luis

Leave to prosecute appeal as a poor person granted, as indicated. (See M-2121 decided simultaneously herewith).

Marlow, J.

M-2121     People v Ramirez, Luis

Leave to appeal to this Court and other relief denied, as indicated. (See M-2120 decided simultaneously herewith).

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

M-1936     People v Pena, Juan

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

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

M-2198     People v Gamble, Shannon

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

Tom, J.

M-1926     People v Range, Anthony

Leave to appeal to this Court denied.

Saxe, J.

M-2477     People v Jackson, Billroy

Leave to appeal to this Court granted, as indicated.

Marlow, J.

M-1017     People v Romero, Ubaldo

Leave to appeal to this Court denied.

Marlow, J.

M-1837     People v Rumph, Robert

Leave to appeal to this Court and other relief denied.

Marlow, J.

M-1841     People v Gibson, Curtis

Leave to appeal to this Court denied.

Marlow, J.

M-2240     People v Quinones, Daniel

Leave to appeal to this Court and other relief denied.

Sweeny, J.

M-2414     People v McKenzie, Latiff

Leave to appeal to this Court denied.

Andrias, J.P., Friedman, Marlow, Nardelli, Williams, JJ.

M-1666     In the Matter of Joseph J. Pierini
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.

The following orders were entered and filed on June 16, 2005:
Buckley, P.J., Mazzarelli, Friedman, Marlow, Ellerin, JJ.

M-1725     Maxcor Financial, Inc. v CRT Capital Group, LLC
M-1856     (And Other Actions)
M-2005
M-2149

Appeals in "Maxcor Financial Action" consolidated; time to perfect appeals enlarged to on or before September 6, 2005 for the November 2005 Term, for which Term appellants in the "CRT Capital Action" and the "Instinet Action" are directed to perfect. Clerk directed to calendar consolidated appeals for hearing together in said Term, all as indicated. (See M-2006 and M-1857/M-1974/M-2007, decided simultaneously herewith).

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

M-2006     CRT Capital Group, LLC v P. Schoenfeld
Asset Management LLC
(And Other Actions)

Consolidated appeals and cross appeal in "CRT Capital Action" to be heard on consolidated record; time in which to perfect same enlarged to on or before September 6, 2005 for the November 2005 Term, for which Term appellants in the "Maxcor Financial Action" and "Instinet Action" are directed to perfect their respective appeals on said consolidated record. Clerk directed to calendar consolidated appeals and cross appeal for hearing together in said Term, all as indicated. (See M-1725/
M-1856/M-2005/M-2149 and M-1857/M-1974/M-2007, decided simultaneously herewith.)

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

M-1857     Instinet Corporation v Susquehana Capital Group
M-1974     (And Other Actions)
M-2007

Appeals of Jeffries & Co., Inc. and Susquehana Capital Group in the "Instinet Action" consolidated; time in which to perfect same enlarged to on or before September 6, 2005 for the November 2005 Term, for which Term appellants in the "Maxcor Financial Action" and the "CRT Capital Action" are directed to perfect. Clerk directed to calendar consolidated appeals for hearing together in said Term, all as indicated. (See M-2006 and M-1725/M-1856/M-2005/M-2149, decided simultaneously herewith.

Buckley, P.J., Saxe, Sullivan, Nardelli, Gonzalez, JJ.

M-2224     In the Matter of Kemakolam Comas,
a suspended attorney:

Respondent directed to turn over and deliver to David G. Commender, Esq., on or before July 11, 2005, all client files and submit affidavit of compliance, under threat of civil contempt and sanctions, all as indicated. No opinion. All concur.