First Department Motions
THE FOLLOWING MOTION ORDERS WERE ENTERED AND FILED ON JUNE 24, 2003
Buckley, P.J., Nardelli, Tom, Mazzarelli, Andrias, JJ.

M-2935People v Cloud, Kevin

Appeal withdrawn.

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

M-2895People v Sierra, Andrew Cordona

Appeal withdrawn.

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

M-2924XRowlings v Tishman Speyer Properties, Inc.

Appeal and cross appeal withdrawn.

Buckley, P.J., Mazzarelli, Saxe, Williams, Marlow, JJ.

M-2364People v Williams, Keivan

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

Buckley, P.J., Mazzarelli, Saxe, Williams, Marlow, JJ.

M-2369People v Fleming, Dale also known as Young, Isaiah

Transcription of minutes directed.

Buckley, P.J., Mazzarelli, Saxe, Williams, Marlow, JJ.

M-2077Academic Health Professionals InsuranceAssociation,
A Reciprocal Insurer v MQ of New York, Inc.

Time to perfect appeal enlarged to the October 2003 Term.

Buckley, P.J., Mazzarelli, Saxe, Williams, Marlow, JJ.

M-2366People v Williams, Antwon

Notice of appeal deemed timely filed; leave to prosecute appeal as a poor person granted, as indicated.

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

M-2513People v Pennington, Karl

Counsel substituted.

Buckley, P.J., Mazzarelli, Saxe, Williams, Marlow, JJ.

M-2281People v Smith, Warren

Substitution of counsel or other relief denied.

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

M-2468     People ex rel. Codina, Angie v Warden
M-2685
Leave to prosecute appeal as a poor person granted to the extent indicated; preference denied.

Nardelli, J.P., Tom, Andrias, Lerner, JJ.

M-2034People v Henao, Jose

Appeal dismissed.

Nardelli, J.P., Tom, Andrias, Lerner, JJ.

M-2124People v Hopkins, Gerard

Appeal dismissed.

Nardelli, J.P., Tom, Andrias, Lerner, JJ.

M-2125People v Thomas, Stanley

Appeal dismissed.

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

M-1948     Davis v Hillside Avenue Associates

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

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

M-2101Ayala v Delgado

Reargument or other relief denied.

Nardelli, J.P., Tom, Rosenberger, Gonzalez, JJ.

M-2647Inner City Construction Management
v The Edmonds Development Group, LLC

Stay denied; interim relief granted by order of a Justice of this Court, dated May 22, 2003, vacated.

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

M-6433People v Withrow, Lashawn, also known as
Winthrow, Lashawn, also known as Withrow,
Jabbar, also known as Withrop Lashaun

Writ of error coram nobis denied.

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

M-1089     In the Matter of Hinton v Turner

Reargument denied.

Nardelli, J.P., Tom, Rosenberger, Gonzalez, JJ.

M-2526     Villano v Beeson; Kutner v Kresch & Kresch

Stay granted on condition appeal perfected for the October 2003 Term.

Nardelli, J.P., Tom, Rosenberger, Gonzalez, JJ.

M-2791     Margolin v Margolin

CPLR 5704(a) or related relief denied.

Tom, J.P., Mazzarelli, Saxe, Friedman, Gonzalez, JJ.

M-1986People v Martinaj, Bernardo

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

Tom, J.P., Sullivan, Rosenberger, Gonzalez, JJ.

M-2031People v Aponte, John

Notice of appeal deemed timely filed; leave to prosecute appeal as a poor person granted, as indicated.

Tom, J.P., Andrias, Rosenberger, Friedman, Marlow, JJ.

M-2239     In the Matter of Galloway v New York
City Police Department

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

Tom, J.P., Sullivan, Rosenberger, Gonzalez, JJ.

M-2240In the Matter of P., Monica Michele and
B., Ameena Fahtima Abdus-Salaam Sheltering Arms
Children's Services

Matter remanded to the Family Court, New York County, for a reconstruction hearing, as indicated; time to perfect appeal enlarged to the November 2003 Term.

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

M-895People v Westergreen, Ian

Writ of error coram nobis denied, without prejudice to an application seeking leave to appeal to the Court of Appeals, as indicated.

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

M-2522Strauss v New York City Transit Authority

Reargument or other relief denied.

Andrias, J.P., Saxe, Ellerin, Lerner, Friedman, JJ.

M-2222In the Matter of D., Francesco
St. Christopher's, Inc.

Appeal dismissed.

Andrias, J.P., Saxe, Ellerin, Lerner, Friedman, JJ.

M-2197People v Randall, Walif

Appeal dismissed.

Andrias, J.P., Saxe, Ellerin, Lerner, Friedman, JJ.

M-2196People v Rodriguez, Joseph

Appeal dismissed.

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

M-1814People v Canemo, Luis

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

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

M-1812People v Bautista, Patricio

M-1819 Edwards, Loida

M-1834 Weir, Richard

M-1856 Miller, Elleheim, also known as
Miller, Elloheim

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

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

M-1810     People v Hamm, Jeffrey, also known as Hamm, Jeffery

Notice of appeal deemed timely filed; leave to prosecute appeal as a poor person denied, with leave to renew, as indicated.

Mazzarelli, J.P., Sullivan, Ellerin, Friedman, Gonzalez, JJ.

M-1655     Wellbilt Equipment Corporation v Fireman

Reargument or other relief denied.

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

M-2022     Mark-Weiner v Mark

Leave to unseal record of in camera interview or other relief denied.

Mazzarelli, J.P., Andrias, Sullivan, Williams, JJ.

M-4256     People v Mercer, Michael

Writ of error coram nobis denied, as indicated.

Andrias, J.P., Saxe, Ellerin, Lerner, Friedman, JJ.

M-2005People v Gonzalez, Julian

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

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

M-2013People v Wilson, Robert

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

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

M-2561DeMicco Bros., Inc. v Consolidated Edison
Company of New York, Inc.

Appeals consolidated; time to perfect same enlarged to the November 2003 Term.

Sullivan, J.P., Rosenberger, Williams, Friedman, JJ.

M-6831People v Boyd, Ulysses

Writ of error coram nobis denied.



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

M-2569Spahn v Premier Education Group, L.P.

Appeal dismissed unless perfected for the November 2003 Term.

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

M-2586Arnell v Hill

Appeal dismissed unless perfected for the November 2003 Term.

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

M-2534People v Garcia, Luis

Notice of appeal deemed timely filed; leave to prosecute appeal as a poor person granted, as indicated.

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

M-2532People v Garcia, Fran

Notice of appeal deemed timely filed; leave to prosecute appeal as a poor person granted, as indicated.

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

M-2557Galatowitsch v The Gay and Lesbian Anti-Violence
Project, Inc., "GLAVP"

Time to perfect appeal enlarged to the September 2003 Term.

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

M-2733Cruz v E&N Refrigeration Corp.

Time to perfect appeal enlarged to the October 2003 Term.

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

M-2515Shah v DDK & Company, LLP

Stay denied.

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

M-2549     In the Matter of Jackson v Kerik

Proceeding deemed perfected for the September 2003 Term.

Nardelli, J.

M-1668     People v Fagairo, DeMariano

Leave to appeal to the Court of Appeals denied.

Williams, J.

M-1971     People v Nayyar, Lucia

Leave to appeal to this Court denied.

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

M-6282In the Matter of Chin W. Fong, Esq.,
M-382(admitted as Chin Wei Fong)
an attorney and counselor-at-law:

Respondent suspended from the practice of law in the State of New York for a period of three months, effective the date hereof and until further order of this Court. Cross motion denied. Opinion Per Curiam. All concur.

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

M-925In the Matter of Michael G. Paul, Esq.,
(admitted as Michael Gene Paul),
an attorney and counselor-at-law:

Respondent suspended from the practice of law in the State of New York for a period of three months, effective nunc pro tunc to July 1, 2002, and until the further order of this Court. Opinion Per Curiam. All concur.

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

M-1180In the Matter of David A. Schechter, Esq.,
(admitted as David Alan Schechter)
an attorney and counselor-at-law:

Petition granted to the extent of suspending respondent from the practice of law in the State of New York, effective the date hereof, and until further order of this Court, and matter referred to Referee to hear and report. Opinion Per Curiam. All concur.

The following order was entered and filed on June 19, 2003
Nardelli, J.P., Rosenberger, Williams, Marlow, Gonzalez, JJ.

M-2994Lee v Viacom,Inc.

Preliminary appellate injunction denied. The Clerk is directed to calendar appeal for argument for the first week of the September 2003 Term, as indicated.

The following order was entered and filed on June 20, 2003
Andrias, J.P., Sullivan, Ellerin, Williams, Lerner, JJ.

M-2827Rutledge v Petrocelli Electrical Company, Inc.

Stay of trial granted.