First Department Motions
The following orders were entered and filed on June 28, 2005:
Tom, J.P., Sullivan, Ellerin, Nardelli, Williams, JJ.

M-2712     Kalisch v Maple Trade Finance Corporation

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

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

M-2677     Continental Casualty Company v Employers Insurance Company of Wausau

Stay of trial denied; interim relief granted by order of a Justice of this Court, dated June 15, 2005, vacated.

THE FOLLOWING MOTION ORDERS WERE ENTERED AND FILED ON JUNE 30, 2005
Buckley, P.J., Tom, Mazzarelli, Andrias, Saxe, JJ.

M-2024 (D.C. #8) In the Matter of G., Stephanie; G., Jennifer                     - - Lutheran Social Services

Upon the Court's own motion, appeal dismissed.

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

M-2689X     Westwood Capital, LLC v Silipigno

Appeal withdrawn.

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

M-2003     People v Flemming, Woodrow

Reargument denied.

Buckley, P.J., Tom, Saxe, Friedman, Sweeny, JJ.

M-2193     Rivera v 4064 Realty Co.
(And a third-party action)

Reargument or other relief denied, as indicated.

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

M-2232     In the Matter of B., Aparicio Rodrigo; M., Zena Gabriella - - The Miracle Maker, Inc.

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

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

M-2458     In the Matter of Daum v Tessler

Assignment of counsel denied.

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

M-1530     People v Quinones, Ramon

Writ of error coram nobis denied.

Tom, J.P., Saxe, Williams, Sweeny, Catterson, JJ.

M-4870B     People v Hernandez, Jorge

Leave to prosecute appeal as a poor person granted, as indicated. Order of this Court entered on May 26, 2005     (M-4870A) recalled and vacated.

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

M-2509     People v Rios, Johnny

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

Tom, J.P., Marlow, Sullivan, Ellerin, JJ.

M-1229     People v Cruz, Ramon

Writ of error coram nobis and other relief denied.

Tom, J.P., Marlow, Sullivan, Ellerin, Gonzalez, JJ.

M-5498     People v Rodriguez, Richard

Writ of error coram nobis and other relief denied.

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

M-2343     In the Matter of C., Yoshita L. v S., Augustin W., also known as S., Augustin Winston

Time to perfect appeal enlarged to the October 2005 Term.

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

M-2556     People v Lloyd, Rodney

Leave to file pro se supplemental brief and related relief denied.

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

M-1804     Bender v Vector Media, LLC

Leave to appeal from the Appellate Term denied.

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

M-2575     Mozes v Shanaman
(And other actions)

Time to perfect consolidated appeals enlarged to the October 2005 Term.

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

M-2448     Gayle v The Port Authority of New York and New Jersey

Time to perfect appeal enlarged to the October 2005 Term.

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

M-2585     Rabinovich v Shchegol

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

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

M-1874     Schroeder v New York State Insurance Fund

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

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

M-2622     Silverman v Clark

Stay denied.

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

M-2630     Hudson River Park Trust v Basketball City USA, LLC

Stay granted on condition defendant pays all past and current use and occupancy in the amounts established and on condition appeal perfected for the October 2005 Term, as indicated.

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

M-2572     People v Gajadhar, Winston

Leave to file pro se supplemental brief denied, with leave to renew, as indicated.

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

M-2362     Cuebas v Smith

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

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

M-2061     Putter v City of New York

Leave to withdraw appeal denied, as indicated; defendant directed to perfect appeal for the October 2005 Term.

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

M-2364     People v Parbhoo, Eric

Appeal dismissed.

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

M-2183     People v Delarosa, Junior

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

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

M-2484     People v Berry, Michael

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

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

M-2512     People v Quezada, Jose

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

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

M-2513     People v Porfirio, Valerio

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

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

M-2499     People v Taylor, Calvert

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

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

M-2511     People v Otero, Maribel

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

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

M-2514     People v DeJesus, Ernesto

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

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

M-2545     Villanova Estates, Inc., formerly known as Chapel Farm Estates, Inc. v The Fieldston Property Owners Assn., Inc.

Time to perfect appeal enlarged to the October 2005 Term.

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

M-2373     Padilla v Park Lenox OB/GYN, P.C.

Time to perfect appeal enlarged to the January 2006 Term.

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

M-2583     Miller v Apt Taxi, Inc.

Stay of trial denied.

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

M-2479     Foster v Sosa-Litner

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

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

M-2375     Guercio v Metlife Inc.

Leave to appeal to the Court of Appeals denied.

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

M-2463     In the Matter of N., Drew-Clarence Tonai, also known as N., Drew - -Edwin Gould Services for Children and Families

Appeal dismissed.

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

M-2379     O & S Associates, Inc. v The Hartford Casualty Insurance Company

Time to perfect appeal and cross appeal enlarged to the January 2006 Term.

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

M-1748     Jackson v Pichler
M-2197
Leave to deem stipulation of settlement "executed" denied, without prejudice to further proceedings in Supreme Court; papers submitted in opposition deemed filed, and cross motion otherwise denied.

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

M-2493     People v Brown, Jeffrey

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

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

M-2450     In the Matter of C., Wilfredo, Jr.

Time to perfect appeal enlarged to the October 2005 Term.

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

M-2453     Ambase Corporation v Pryor Cashman Shermann & Flynn LLP

Time to perfect appeal enlarged to the October 2005 Term.

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

M-2465     Melendez v New York City Housing Authority

Time to perfect appeal enlarged to the October 2005 Term.

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

M-2482     In the Matter of Mango v The Lower Manhattan Development Corporation

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

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

M-2395     Wald v Rem

Enlargement of time to perfect appeal denied; appeal dismissed.

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

M-2489     People v Wiggins, Carl

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

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

M-2382     Hernandez v Robles

Leave to submit amicus curiae brief granted, as indicated. Motion otherwise denied.

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

M-2538     Ginsberg v Rudey
(And another action)

Leave to seal record on appeal denied.     

Friedman, J.P., Marlow, Sullivan, Gonzalez, Catterson, JJ.

M-961     People v Mercedes, Miguel

Reargument denied.

Friedman, J.P., Nardelli, Williams, Gonzalez, Sweeny, JJ.

M-1938     In the Matter of P., Adonis - - Administration for Children's Services

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

Andrias, J.

M-2557     People v Wells, Carl

Reargument denied.

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

M-2530     In the Matter of Samuel A. Abady
(admitted as Samuel Aaron Abady),
an attorney and counselor-at-law:

Respondent suspended from the practice of law in the State of New York for a period of five years, effective August 1, 2005, and until further order of this Court. Opinion Per Curiam. All concur.