| THE FOLLOWING MOTION ORDERS WERE ENTERED AND FILED ON JUNE 26, 2003 |
| Buckley, P.J., Mazzarelli, Rosenberger, Friedman, Marlow, JJ. M-2389 In the Matter of David v McCoy Appeal withdrawn. |
| Buckley, P.J., Nardelli, Tom, Mazzarelli, Andrias, JJ. M-2880 In the Matter of Herndon v Consilvio Appeal withdrawn. |
| Buckley, P.J., Nardelli, Tom, Mazzarelli, Andrias, JJ. M-2150 In the Matter of Austin v Consilvio M-2911 Motion and appeal withdrawn. |
| Buckley, P.J., Nardelli, Tom, Mazzarelli, Andrias, JJ. M-2979X City of New York v National Union Fire Insurance Company of Pittsburg, Pa. Appeals and cross appeal withdrawn. |
| Buckley, P.J., Nardelli, Tom, Mazzarelli, Andrias, JJ. M-2980X Ramsawack v William Penn Life Insurance Co. of New York Appeal withdrawn. |
| Buckley, P.J., Nardelli, Tom, Mazzarelli, Andrias, JJ. M-2981X Reina v Patricia Ann Cottage Pub, Inc. doing business as Jack McCarthy's Pub Appeal withdrawn. |
| Buckley, P.J., Mazzarelli, Rosenberger, Friedman, Marlow, JJ. M-2296 Avellanet v Rodriguez M-2568 Appeal dismissed. |
| Buckley, P.J., Mazzarelli, Ellerin, Williams, Marlow, JJ. M-2590 Ventura v The Bauman Family Foundation, Inc. (and other actions) Enlargement of time to perfect appeal and other relief denied, without prejudice to renewal, as indicated. |
| Buckley, P.J., Tom, Rosenberger, Williams, Friedman, JJ. M-2544 People v Marte, Amin Leave to prosecute appeal as a poor person granted, as indicated. |
| Buckley, P.J., Tom, Rosenberger, Lerner, Marlow, JJ. M-2547 People v Valerio, Allen Leave to prosecute appeal as a poor person granted, as indicated. |
| Buckley, P.J., Nardelli, Mazzarelli, Sullivan, Ellerin, JJ. M-2539 People v Occelin, Wilnerson, also known as Wilnerson, Occelin Leave to prosecute appeal as a poor person granted, as indicated. |
| Buckley, P.J., Nardelli, Tom, Mazzarelli, Andrias, JJ. M-2717 People v Collins, Jamal M-2718 Cooper, George M-2719 Gaines, Gerald M-2720 Griffin, Anthony M-2721 Hayes, Ernest M-2722 Hunter, Tyrone M-2723 Kitching, Elvert M-2724 Limontas, Ricardo M-2725 Mendez, Harry, also known as Mendoza, Harry M-2729 Robles, Justice M-2730 Rosales, Ian Leave to prosecute appeals as poor persons granted, as indicated. |
| Buckley, P.J., Tom, Ellerin, Lerner, Friedman, JJ. M-2086In the Matter of Epps v Epps Leave to prosecute appeal as a poor person granted to the extent indicated. |
| Buckley, P.J., Mazzarelli, Saxe, Williams, Marlow, JJ. M-2154In the Matter of Cruz v Rios Leave to prosecute appeal as a poor person granted to the extent indicated. |
| Buckley, P.J., Mazzarelli, Ellerin, Williams, Marlow, JJ. M-2739 In the Matter of Falero v Cables Leave to prosecute appeal as a poor person granted to the extent indicated. |
| Buckley, P.J., Mazzarelli, Saxe, Williams, Marlow, JJ. M-2354 People v Rosado, Odalis Leave to prosecute appeal as a poor person denied, with leave to renew, as indicated. |
| Buckley, P.J., Mazzarelli, Rosenberger, Friedman, Marlow, JJ. M-2444 People v Holder, Rogelio Counsel substituted. |
| Buckley, P.J., Sullivan, Rosenberger, Friedman, JJ. M-1489 In the Matter of Siao-Pao v Travis Leave to file pro se supplemental brief denied, without prejudice to renew, as indicated. |
| Buckley, P.J., Mazzarelli, Ellerin, Williams, Marlow, JJ. M-2614 Sylvan Lawrence Company, Inc. v Downtown/Midtown Properties, LLC v Ninety-Five Wall Street Company Time to perfect appeal enlarged to the November 2003 Term. |
| Buckley, P.J., Mazzarelli, Ellerin, Williams, Marlow, JJ. M-2680 Forsythe & Lincoln Associates, Inc. v Sylvan Lawrence Company (and a third-party action) Time to perfect appeal enlarged to the October 2003 Term. |
| Nardelli, J.P., Ellerin, Williams, Marlow, JJ. M-2540 People v Medina, Hector Leave to prosecute appeal as a poor person granted, as indicated. |
| Nardelli, J.P., Mazzarelli, Saxe, Rosenberger, Friedman, JJ. M-2728 People v Pe�a, Fermin Leave to prosecute appeal as a poor person denied, with leave to renew, as indicated. |
| Nardelli, J.P., Mazzarelli, Saxe, Rosenberger, Friedman, JJ. M-2731 People v Stauback, Andrew Leave to prosecute appeal as a poor person denied, with leave to renew, as indicated. |
| Nardelli, J.P., Andrias, Saxe, Williams, Friedman, JJ. M-2508 Bell v Bell, Kalnick, Klee & Green Time to perfect appeal enlarged to the November 2003 Term. |
| Nardelli, J.P., Tom, Andrias, Lerner, JJ. M-2018 In the Matter of S., La'Asia Lanae and R., Keyona Ashley -- The Salvation Army Leave to prosecute appeal as a poor person and other relief granted to the extent indicated. (See M-2018A, decided simultaneously herewith.) |
| Nardelli, J.P., Tom, Andrias, Lerner, JJ. M-2018A In the Matter of S., La'Asia Lanae and R., Keyona Ashley -- The Salvation Army Stay denied. (See M-2018, decided simultaneously herewith.) |
| Nardelli, J.P., Andrias, Saxe, Williams, Friedman, JJ. M-2670 People v Urena, Francisco Substitution of counsel denied; time to perfect appeal enlarged to the December 2003 Term. |
| Nardelli, J.P., Andrias, Saxe, Williams, Friedman, JJ. M-2904 Gober v Gober Time to perfect appeal and cross appeal enlarged to the December 2003 Term, as indicated. |
| Nardelli, J.P., Tom, Andrias, Lerner, JJ. M-2270 Metropolitan Transportation Authority v Bull and Bear Brewing Co., Inc. Enlargement of time to perfect appeal denied. |
| Nardelli, J.P., Sullivan, Rosenberger, Gonzalez, JJ. M-2093 People v Smith, Michael Moving papers deemed a timely filed notice of appeal from the judgment of resentence rendered on or about April 23, 2003; appeals consolidated; poor person relief previously granted extended to cover said appeals. |
| Nardelli, J.P., Tom, Andrias, Sullivan, Friedman, JJ. M-2687 In the Matter of G., Stephanie and G., Jennifer -- Lutheran Social Services Leave to abate appeal for respondent-appellant/mother denied, with leave to renew, as indicated; poor person relief previously granted to respondent-appellant/father continued. |
| Nardelli, J.P., Tom, Rosenberger, Gonzalez, JJ. M-2667 In the Matter of Nyat Operating Corp., formerly known as New York Apple Tours, Inc. v New York City Department of Consumer Affairs Time to perfect proceeding enlarged to the October 2003 Term. |
| Nardelli, J.P., Mazzarelli, Saxe, Rosenberger, Friedman, JJ. M-2228 Thomas v St. Barnabas Hospital M-2384 M-2643 Appeals consolidated; time to perfect same enlarged to the November 2003 Term. |
| Nardelli, J.P., Andrias, Saxe, Williams, Friedman, JJ. M-2878 Levisohn, Lerner, Berger & Langsam v Gottlieb Leave to file supplemental record on appeal denied, without prejudice to defendant-appellant seeking appropriate relief in Supreme Court. |
| Nardelli, J.P., Mazzarelli, Sullivan, Lerner, Marlow, JJ. M-2511 In Re: New York City Asbestos Litigation -- Taylor v A.C. & S., Inc. Reargument granted, and thereupon, this Court's decision and order entered April 15, 2003 recalled and vacated, a new decision and order substituted therefor (See Appeal No. 320, decided simultaneously herewith); leave to appeal to the Court of Appeals denied. |
| Nardelli, J.P., Saxe, Sullivan, Williams, Friedman, JJ. M-6890 People v Mixon, James Writ of error coram nobis and other relief denied. |
| Nardelli, J.P., Rosenberger, Williams, Marlow, Gonzalez, JJ. M-2888 People v Glover, Correll, also known as McCall, Emmanuel Time to perfect appeal enlarged to the September 2003 Term. |
| Nardelli, J.P., Rosenberger, Williams, Marlow, Gonzalez, JJ. M-2736 S.K. Global America, Inc. v Blue Apparel Company, Inc. Time to perfect appeal enlarged to the October 2003 Term. |
| Nardelli, J.P., Rosenberger, Williams, Marlow, Gonzalez, JJ. M-2985 Blenk v Blenk Time to perfect appeal enlarged to the October 2003 Term. |
| Nardelli, J.P., Rosenberger, Williams, Marlow, Gonzalez, JJ. M-2743 People v Barnes, Mark Transcription of minutes directed; motion otherwise denied, without prejudice to renewal, as indicated. |
| Tom, J.P., Mazzarelli, Andrias, Friedman, Marlow, JJ. M-2165 People v Capellan, Yohady Leave to prosecute appeal as a poor person granted, as indicated. |
| Tom, J.P., Mazzarelli, Andrias, Friedman, Marlow, JJ. M-2177 People v Parades, Guillermo Leave to prosecute appeal as a poor person denied, with leave to renew, as indicated. |
| Tom, J.P., Mazzarelli, Sullivan, Williams, Gonzalez, JJ. M-2043 In the Matter of P., Henry, P., Roy and P., Katherine -- Administration for Children's Services Transcription of minutes directed; time to perfect appeal enlarged to the December 2003 Term. |
| Tom, J.P., Mazzarelli, Sullivan, Williams, Gonzalez, JJ. M-1721 Evans v Winston & Strawn M-2106 Modification denied; reargument denied. |
| Mazzarelli, J.P., Ellerin, Williams, Lerner, Gonzalez, JJ. M-2689 Fier v Fink Leave to prosecute appeal as a poor person denied, with leave to renew, as indicated. |
| Mazzarelli, J.P., Ellerin, Williams, Lerner, Gonzalez, JJ. M-2279 In the Matter of Jones v The New York City Health and Hospitals Corporation Time to perfect appeal enlarged to the October 2003 Term. |
| Mazzarelli, J.P., Ellerin, Williams, Lerner, Gonzalez, JJ. M-2565 Saladino v 7th Avenue and Grove Street Corp. Time to perfect appeal enlarged to the October 2003 Term. |
| Mazzarelli, J.P., Ellerin, Williams, Lerner, Gonzalez, JJ. M-2574 Pedreira v Pedreira Time to perfect appeal enlarged to the October 2003 Term. |
| Mazzarelli, J.P., Ellerin, Williams, Lerner, Gonzalez, JJ. M-2587 Guerrero v Carva Time to perfect appeal enlarged to the November 2003 Term. |
| Mazzarelli, J.P., Ellerin, Williams, Lerner, Gonzalez, JJ. M-2606 People v Phoenix, Derrek Notice of appeal from judgment of resentence deemed timely filed. |
| Mazzarelli, J.P., Andrias, Friedman, Marlow, Gonzalez, JJ. M-752 Watson v 1230 Park Owners, Inc. Leave to appeal from the Appellate Term denied. |
| Mazzarelli, J.P., Ellerin, Williams, Lerner, Gonzalez, JJ. M-2393 People v Ennis, Aaron, also known as Millett, Derrick Counsel substituted. |
| Mazzarelli, J.P., Ellerin, Williams, Lerner, Gonzalez, JJ. M-2650 In the Matter of Spitzer -- Mar-Ner Numismatics, Ltd. Vacatur of temporary restraining order, pursuant to CPLR 5704(a), issued by the Supreme Court, New York County dated May 5, 2003, denied. (See M-2699 decided simultaneously herewith.) |
| Mazzarelli, J.P., Ellerin, Williams, Lerner, Gonzalez, JJ. M-2699 In the Matter of Spitzer -- U.S. Rare Coin(s) Brokers, Inc. -- Historic Collectibles Inc. Vacatur of temporary restraining order, pursuant to CPLR 5704(a), issued by the Supreme Court, New York County dated May 5, 2003, denied. (See M-2650 decided simultaneously herewith.) |
| Andrias, J.P., Saxe, Ellerin, Lerner, Friedman, JJ. M-2155 In the Matter of M., Alexis Cassandra -- The Children's Aid Society Dismissal of appeal denied, with leave to renew, as indicated. |
| Andrias, J.P., Sullivan, Ellerin, Williams, Lerner, JJ. M-2651 Dextra v City of New York CPLR 5704(a) relief is granted, said motion to be made returnable in the Supreme Court, New York County, before Hon. Michael Stallman on July 7, 2003; motion is otherwise denied. |
| Rosenberger, J.P., Lerner, Friedman, Marlow, Gonzalez, JJ. M-2449 In the Matter of Delafield 246 Corp. v The City of New York Dismissal of appeal denied. |
| Rosenberger, J.P., Lerner, Friedman, Marlow, Gonzalez, JJ. M-2502 In the Matter of K., Baby Boy and J., Eric Trony -- Catholic Home Bureau for Dependent Children Dismissal of appeal denied, with leave to renew, as indicated. |
| Rosenberger, J.P., Lerner, Friedman, Marlow, Gonzalez, JJ. M-2529 People v Banyan, Jarrett 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-2401 People v Carvajal, Alvaro Time to perfect appeal enlarged to the November 2003 Term. (See order of this Court entered June 17, 2001 [M-2371 (D.C. #44)], a copy annexed hereto.) |
| Rosenberger, J.P., Lerner, Friedman, Marlow, Gonzalez, JJ. M-2706 Cahill v Kowal Time to perfect appeal enlarged to the November 2003 Term; motion otherwise denied. |
| Rosenberger, J.P., Lerner, Friedman, Marlow, Gonzalez, JJ. M-2602 Bevtek Corp. v Mr. Natural, Inc., now known as Snapple Distributors, Inc. Appeal dismissed unless perfected for the November 2003 Term; motion otherwise denied. |
| Rosenberger, J.P., Ellerin, Williams, Friedman, JJ. M-6698 People v Evans, Eric Writ of error coram nobis and other relief denied. Buckley, P.J. M-2285 People v Mercado, Maximo Leave to appeal to this Court denied. |
| Nardelli, J. M-2428 People v McCullough, Maurice Leave to appeal to this Court denied. |
| Nardelli, J. M-2229 People v Ricco, Anthony Leave to appeal to this Court denied. |
| Tom, J. M-1670 People v Rolling, Johnny Leave to appeal to this Court granted, as indicated. |
| Andrias, J. M-2217 People v Diaz, Robert Leave to appeal to this Court denied. |
| Ellerin, J. M-2641 People v Aarons, Lenworth Leave to appeal to the Court of Appeals granted, as indicated. |
| Ellerin, J. M-2235 People v Frost, Kevin Leave to appeal to this Court denied. |
| Williams, J. M-1211 People v Davis, Brian Leave to appeal to this Court denied. |
| Lerner, J. M-2755 People v Williams, Richard Renewal denied. |
| Marlow, J. M-2035 People v Lango, Bobby Leave to appeal to this Court denied. |
| Nardelli, J.P., Mazzarelli, Saxe, Ellerin, Williams, JJ. M-2807In the Matter of Attorneys Who Are in Violation of Judiciary Law Section 468-a: Kathleen C. Jackson, admitted 1-18-82, 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. |
| Buckley, P.J., Rosenberger, Lerner, Friedman, Gonzalez, JJ. M-370In the Matter of Nathan Dembin an attorney and counselor-at-law: Respondent suspended from the practice of law in the State of New York, effective the date hereof, and until further order of this Court. Opinion Per Curiam. All concur. |
| Andrias, J.P., Saxe, Lerner, Friedman, Marlow, JJ. M-1055In the Matter of Bruce H. Hest, (admitted as Bruce Hest) an attorney and counselor-at-law: Respondent suspended from the practice of law in the State of New York, effective the date hereof, and until further order of this Court. Opinion Per Curiam. All concur. |
| Andrias, J.P., Saxe, Lerner, Friedman, Marlow, JJ. M-1129In the Matter of Steven A. Taube, (admitted as Steven Albert Taube) an attorney and counselor-at-law: Respondent's name stricken from the roll of attorneys and counselors-at-law in the State of New York, as indicated. Opinion Per Curiam. All concur. |
| The following orders were entered and filed on June 24, 2003 |
| Nardelli, J.P., Mazzarelli, Saxe, Rosenberger, Friedman, JJ. M-2835 Pierce v Victor M-2912 Time to perfect appeal enlarged to the September 2003 Term, as indicated; appeal dismissed unless perfected for said Term. |
| Nardelli, J.P., Rosenberger, Williams, Marlow, Gonzalez, JJ. M-2987 New York Asbestos Litigation: Tucker v Lincoln Electric Company Stay denied, as indicated; interim relief granted by a Justice of this Court, dated June 9, 2003, vacated. |
| Andrias, J.P., Sullivan, Ellerin, Williams, Lerner, JJ. M-2926 In the Matter of New York State Supreme Court Officers Association v Lippman Leave for declaration that automatic stay provisions of CPLR of 5519(a)(1) are inapplicable and other relief denied. Interim relief afforded by a Justice of this Court dated June 9, 2003, vacated. Temporary restraining order issued by the Supreme Court, New York County on or about May 30, 2003 vacated, without prejudice to further proceedings, as indicated. |