First Department Motions
THE FOLLOWING MOTION ORDERS WERE ENTERED AND FILED ON JUNE 24, 2004
Buckley, P.J., Nardelli, Tom, Mazzarelli, Andrias, JJ.

M-2704     People v Colon, Juan

Appeal withdrawn.

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

M-2705     People v Lanza, Joe

Appeal withdrawn.

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

M-2706     People v Rodriguez, Ramon

Appeal withdrawn.

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

M-2815X     Hansen, also known as Swan v Swan

Appeal withdrawn. (See M-2119, decided simultaneously herewith.)

Tom, J.P., Mazzarelli, Andrias, Ellerin, Lerner, JJ.

M-2119Hansen, also known as Swan v Swan

Motion deemed withdrawn. (See M-2815X, decided simultaneously herewith.)

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

M-2246 (D.C. #81)     People v Smithe, David, also known as
Smith, David

Upon the Court's own motion, appeal deemed withdrawn.

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

M-2093 (D.C. #4)     In the Matter of C., Destiny
Administration for Children's Services

M-2094 (D.C. #5)     In the Matter of C., Tiffany
S., Veonca

M-2095 (D.C. #6)     In the Matter of D., Candice Charnette
Cardinal McCloskey Services

M-2101 (D.C. #11)     In the Matter of G., Darnell

M-2102 (D.C. #12)     In the Matter of G., Sean

M-2103 (D.C. #13)     In the Matter of G., Daisy I.
v S., Edgardo J.

M-2120 (D.C. #14)     In the Matter of H., Maurice
Commissioner of Social Services

Upon the Court's own motions, appeals dismissed.

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

M-2124 (D.C. #31)     Kuehl v R.M.G. Investigations

M-2127 (D.C. #18)     Melnitzky v The City of New York

M-2130 (D.C. #15)     In the Matter of J., Christopher

M-2138 (D.C. #22)     In the Matter of P., Tiffany Tialand
The New York Foundling Hospital

M-2139 (D.C. #23)     In the Matter of C., Ezekiel;
C., Christopher; C., Calvin; R., Victor and
C., Pedro Administration for Children's
Services

Upon the Court's own motions, appeals dismissed.

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

M-2506     People v Abreu-Guzman, Arlin, also known as Abrue,
Jose, also known as Abreu, Jose

M-2509           Boisseau, Timothy

M-2512           Henry, Greenlee, also known as
Greenlee, Henry

M-2513           Mapp, Howard

M-2514           Mozo, Felix

M-2515           Rhames, Leevon, also known as Rhames, LeeVone

M-2518           Rivera, Victor

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

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

M-2519     People v Rojas, Steven

M-2521           Scurlock, Richard

M-2522           Sirino, Petra

M-2523           Stone, Ronald

M-2524           Thompson, Rodgine

M-2525           Trilli, Joseph

M-2526           Utsey, Thomas

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

Buckley, P.J., Andrias, Saxe, Williams, Gonzalez, JJ.

M-2018     People v Thorpe, Duval
M-2452
Leave to prosecute appeal as a poor person granted, as indicated.

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

M-500A     People ex rel. DeLoSanto, Rafael, also known as
DeLaSanto, Rafael v Warden

Leave to prosecute appeal as a poor person granted to the extent indicated; the order of this Court entered on May 25, 2004 (M-500) recalled and vacated.

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

M-2190 (D.C. #56)     People v Hilton, Michael

Upon the Court's own motion, time to perfect consolidated appeals enlarged to the October 2004 Term.

Buckley, P.J., Nardelli, Andrias, Williams, Gonzalez, JJ.

M-2262     People v Bello, Anthony

Assigned counsel relieved; poor person relief previously granted by order entered on May 6, 2003 (M-1412) continued; time to perfect appeal enlarged, as indicated; substitution of retained counsel denied, as unnecessary.

Buckley, P.J., Tom, Sullivan, Williams, JJ.

M-4053     People v Cross, Thomas

Writ of error coram nobis denied.

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

M-880     People v DeJesus, Cesa, true name DeJesus, Cesar

Writ of error coram nobis denied.

Buckley, P.J., Andrias, Saxe, Williams, Gonzalez, JJ.

M-1899     The City of New York v Verizon New York, Inc.

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

Nardelli, J.P., Saxe, Sullivan, Marlow, Catterson, JJ.

M-1878     People v Grant, Donna

Appeal dismissed.

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

M-2474     People v Rice, Nathaniel

Leave to enlarge record on appeal denied; time to perfect appeal enlarged to the October 2004 Term.

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

M-2653     In the Matter of Birkbeck v New York City
Housing Authority

Motion to be relieved as counsel conditionally granted, as indicated.

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

M-2377     Skibola v Structure Tone, Inc.
(And other actions)

Time to perfect appeal enlarged to the October 2004 Term; notice of appeal deemed corrected.

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

M-2421     Insignia Douglas Elliman LLC Retail Group v Merrell

Stay of trial granted on condition appeal perfected for the September 2004 Term, as indicated.

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

M-2501     Akabas & Cohen, a General Partnership v Sirico

Stay denied.

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

M-5295     People v Steadman, Andre

Reargument of direct appeal or writ of error coram nobis denied.

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

M-1708     People v Jackson, Ronald

Reargument denied.

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

M-2591     People v Cusamano, Anthony,
also known as Bonano, Michael

Transcription of minutes denied. (See the order of this Court entered on June 8, 2004 [M-1716], a copy of which is annexed hereto.)

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

M-2079     Stella v Stella
M-2465
Stay denied; appeal dismissed, and cross motion otherwise denied.

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

M-2317     Ugweches v National Parking System, Inc.
M-2257
Appeal dismissed, as indicated, and motion otherwise denied; imposition of sanctions denied.

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

M-1770     D., Shirley, on behalf of W., Darrey
v Administration for Children's Services

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

Tom, J.P., Mazzarelli, Andrias, Ellerin, Lerner, JJ.

M-1908     People v Paulino, Jose

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

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

M-2381     People v Rago, John

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

Tom, J.P., Saxe, Williams, Friedman, Marlow, JJ.

M-2330     Brown v Aames Capital Corporation

Leave to prosecute appeal as a poor person denied; time to perfect appeal enlarged to the October 2004 Term.

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

M-2112     Bonnano v The Port Authority of New York
and New Jersey

Reargument denied; consolidation denied; time to perfect appeal from judgment entered on or about September 16, 2003 enlarged to the October 2004 Term.

Tom, J.P., Ellerin, Lerner, Friedman, JJ.

M-1208     People v Maddaloni, Jack

Writ of error coram nobis denied.

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

M-1711     People v Otero, Richard

Reargument denied.

Mazzarelli, J.P., Andrias, Sullivan, Lerner, Gonzalez, JJ.

M-2349     In the Matter of National Union Fire Insurance Company
of Pittsburgh, PA. v GE Betz, Inc., formerly known as
Betzdearborn Inc., formerly known as Betz Laboratories,
Inc.

Motion deemed withdrawn.

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

M-1848     People v Collado, Mayra

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

Andrias, J.P., Lerner, Friedman, Marlow, JJ.

M-2383     People v Augustin, Patrick

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

Andrias, J.P., Lerner, Friedman, Marlow, JJ.

M-398     People v McLamb, Jefferson
M-399
Writ of error coram nobis or other relief denied; leave to prosecute purported appeal as a poor person and related relief denied.

Nardelli, J.

M-2271     People v McAllister, Charles

Leave to appeal to this Court denied.

Nardelli, J.

M-2305     People v Landy, Dan

Leave to appeal to this Court granted, as indicated.

Nardelli, J.P., Mazzarelli, Saxe, Sullivan, Marlow, JJ.

M-1949In the Matter of Lijyasu M. Kandekore,
a disbarred attorney:

Reinstatement denied. No opinion. All concur.

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

M-1696AIn the Matter of James L. Hubbert
(admitted as James Leon Hubbert),
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 immediately. The order of this Court entered on June 10, 2004 (M-1696) recalled and vacated. No opinion. All concur.

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

M-1748In the Matter of Kenneth Heller,
an attorney and counselor-at-law:

Respondent disbarred from the practice of law in the State of New York, effective July 26, 2004, as indicated. Opinion Per Curiam. All concur.