First Department Motions
THE FOLLOWING MOTION ORDERS WERE ENTERED AND FILED ON JUNE 28, 2005
Buckley, P.J., Tom, Mazzarelli, Andrias, Saxe, JJ.

M-2655X     Travelers Casualty and Surety Company
v Certain Underwriters at Lloyd's, London
(And another action)

Appeal withdrawn.

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

M-2656X     In the Matter of Allen v Antell

Appeal withdrawn.

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

M-2674X     The LI Second Family Limited Partnership v Kavrukov

Appeal, previously perfected for the September 2005 Term, withdrawn.

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

M-1411     People v Montgomery, Dayshawn

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

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

M-2491     People v Allen, Lonnie

M-2494           Cameron, Kenneth

M-2495           Cohen, Lisa

M-2496           Coqueran, Anthony

M-2497           Feliciano, Hector

M-2498           Ford, Anthony

M-2500           Galeand, Jason

M-2501           Heyward, Lorie

M-2502           Jiminez, Juan, also known as Cerra, Francisco,
also known as Cerra, Fransisco

M-2503           McBride, Norman

M-2505           Olivera, Benito

M-2506           Reyna, Franklyn, also known as Reyna, Franklin

M-2508           Thomas, Edward

M-2510           Tucker, George

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

Buckley, P.J., Tom, Andrias, Sullivan, Sweeny, JJ.

M-2447     People v Robles, Juan

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, Andrias, Sullivan, Sweeny, JJ.

M-2383     Levin v 40 Fifth Avenue Corporation

Stay of so much of judgment as directed plaintiff to remove washer/dryer from apartment granted on condition plaintiff posts undertaking and perfects appeal for the December 2005 Term, all as indicated; motion otherwise denied.

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

M-2174A     People v Pratt, Anthony

Leave to prosecute appeal as a poor person granted,
as indicated; the order of this Court entered on June 16, 2005 (M-2174) recalled and vacated.

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

M-1100     People v Rivers, Robert

Motion to relieve assigned counsel and permit defendant to proceed pro se on appeal denied.

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

M-2435     In the Matter of Edward D. Jones & Company
The American Stock Exchange, LLC

Stay granted on condition appeal perfected for the October 2005 Term, as indicated.

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

M-2387     People v Rodriguez, Daniel

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.

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

M-2345     Selg v Selg

Leave to prosecute appeal as a poor person denied, with leave to renew, as indicated; assignment of counsel and production of minutes denied.

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

M-2203     Linette v Green

Time to perfect appeal enlarged to the October 2005 Term.

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

M-2157     People v Mundo, Jose

The order of this Court entered on June 22, 2000
(M-3002) amended to include defendant's appeal from judgment of resentence rendered on or about May 22, 2005; poor person relief previously granted extended to cover same.

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

M-2564     Waddell & Reed Financial, Inc. v Fidelity
M-2637     and Deposit Company of Maryland

Appeal dismissed unless perfected for the October 2005 Term, as indicated; enlargement of time to perfect appeal granted accordingly.

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

M-2228     Meiselman v Meyers Moving & Storage Co.

Consolidation of appeals denied; plaintiff-appellant directed to insert in appellant's appendix a copy of the order of the Appellate Term and to correct the Table of Contents, all as indicated.

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

M-2432     Billy Martin's Western Wear L.A., Inc.
v Wyler Team International Corporation
(And a third-party action)

Stay granted on condition appeal perfected for the November 2005 Term, as indicated.

Saxe, J.P., Nardelli, Williams, Gonzalez, Catterson, JJ.

M-2446     People v Peguero, Jose

Appeal deemed withdrawn.

Saxe, J.P., Ellerin, Sweeny, Catterson, JJ.

M-2397     People v Sesay, Ansumana also known as Sesay, Mike,
also known as Sesay, Ansomana, also known as Sesay,
Ansumania, also known as Sesay, Ansumama

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

Saxe, J.P., Nardelli, Williams, Gonzalez, Catterson, JJ.

M-2436     People v Correnti, Anthony, also known as Correnti,
Anthony M.

Time to perfect appeal enlarged to the October 2005 Term.

Saxe, J.P., Ellerin, Sweeny, Catterson, JJ.

M-1731     Matter of Schneider Cavaluzzi

Time to perfect appeal enlarged to the October 2005 Term.

Saxe, J.P., Ellerin, Sweeny, Catterson, JJ.

M-2424     United States Fire Insurance Company v
Transcontinental Insurance Company

Time to perfect appeal enlarged to the November 2005 Term.

Saxe, J.P., Nardelli, Williams, Gonzalez, Catterson, JJ.

M-2439     Lomax v New York City Health and Hospitals Corporation

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

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

M-1660     Bates Advertising USA, Inc. v 498 Seventh LLC

Modification granted to the extent of recalling and vacating the decision and order of this Court entered on October 28, 2004 (Appeal Nos. 4473-4474) and a new decision and order is substituted therefor. (See Appeal Nos. 4473-4474, decided simultaneously herewith.)

Saxe, J.P., Nardelli, Williams, Gonzalez, Catterson, JJ.

M-2430     Ward v Helmsley

Stay denied; interim relief granted by order of a Justice of this Court, dated May 26, 2005, vacated.

Saxe, J.P., Nardelli, Williams, Gonzalez, Catterson, JJ.

M-2337     M.Y. Accessories, LTD. v Ko

Stay denied.

Saxe, J.P., Nardelli, Williams, Gonzalez, Catterson, JJ.

M-2332     Bronsnick v Brisman
M-2624
Appeal from order entered on or about January 4, 2005 deemed as one taken from subsequent judgment entered on or about January 10, 2005, as indicated.

Saxe, J.P., Ellerin, Sweeny, Catterson, JJ.

M-2415     Markovitz v Markovitz

Stay and related relief denied.

Saxe, J.P., Ellerin, Sweeny, Catterson, JJ.

M-2111     People v Palacio, Heriberto

Defendant directed to file 10 copies of his pro se supplemental brief on or before August 1, 2005, with respondent's response to be filed on or before September 1, 2005, as indicated.

Saxe, J.P., Ellerin, Sweeny, Catterson, JJ.

M-2365     Wade-Westbrooke v Eshaghian
(And a third-party action)

Stay of trial granted.

Andrias, J.

M-2182     People v Covington, Ronnie

Leave to appeal to this Court granted, as indicated.

Williams, J.

M-2209     People v Cabrera, Carlos

Leave to appeal to this Court denied.

Buckley, P.J., Tom, Mazzarelli, Ellerin, Gonzalez, JJ.

M-1646     In the Matter of Richard T. Roberts,
(admitted as Richard Todd Roberts)
an attorney and counselor-at-law:

Respondent disbarred and his name stricken from the roll of attorneys and counselors-at-law in the State of New York, effective nunc pro tunc to August 31, 2004. Opinion Per Curiam. All concur.

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

M-610     In the Matter of Cary M. Hirshon
(admitted as Cary Martin Hirshon),
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.