First Department Motions
THE FOLLOWING MOTION ORDERS WERE ENTERED AND FILED ON JUNE 7, 2005
Buckley, P.J., Tom, Mazzarelli, Andrias, Saxe, JJ.

M-2433     In the Matter of Posner v The New York State Department of Motor Vehicles

Appeal, previously perfected for the September 2005 Term, withdrawn.

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

M-2449     People v Rivera, Roberto

Appeal withdrawn.

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

M-2139     People v Castillo, Jorge Metz, also known as Metz-Castillo, Jorge, also known as Metzcastillo, Jorge

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

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

M-2151     People v Graham, Tyrone

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., Mazzarelli, Andrias, Saxe, Friedman, JJ.

M-898     In the Matter of Siao-Pao v Travis

Pro se supplemental brief annexed to moving papers deemed timely filed for the October 2005 Term, to which Term appeal adjourned; Clerk directed to calendar this appeal for hearing together with appeal taken from order of Supreme Court entered on or about March 28, 2005. (See M-1843, decided simultaneously herewith.)

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

M-1843     In the Matter of Siao-Pao v Board of Parole, Appeals Unit

Leave to prosecute appeal as a poor person granted,
as indicated; Clerk directed to calendar this appeal for hearing together with appeal taken from order of Supreme Court entered
on or about August 4, 2004. (See M-898, decided simultaneously herewith.)

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

M-2116     People v Delaney, Jesse

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

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

M-2145     Goris v Goris

Stay denied.

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

M-2184     McInnis v McInnis

Stay denied.

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

M-2083     Kinberg v Opinsky

Stay denied.

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

M-2189     Sportschannel Associates v Sterling Mets, L.P.

Preference denied.

Tom, J.P., Andrias, Marlow, Sullivan, Catterson, JJ.

M-2099     In the Matter of Peck v New York City Housing Authority

Proceeding dismissed unless perfected for the September 2005 Term, as indicated.

Tom, J.P., Andrias, Marlow, Sullivan, Catterson, JJ.

M-2212     Metropolitan Steel Industries, Inc., doing business
as Steelco v Perini Corporation
(And a third-party action)

Appeals consolidated; time to perfect same enlarged
to the September 2005 Term.

Tom, J.P., Andrias, Marlow, Sullivan, Catterson, JJ.

M-1605
M-1760     Bonilla v Bahayoko

Time to perfect appeal enlarged to the October 2005 Term, as indicated. Cross motion for dismissal granted to extent indicated.

Tom, J.P., Andrias, Marlow, Sullivan, Catterson, JJ.

M-2107     Ghose v CNA Reinsurance Company, Limited, now known
          as CX Reinsurance Company Limited

Stay denied; interim relief granted by order of a Justice of this Court, dated May 12, 2005, vacated.

Tom, J.P., Andrias, Marlow, Sullivan, Catterson, JJ.

M-2084     People v Perry, Timothy

     Orders entered on December 12, 2004 (M-4977) and on March 15, 2005 (M-475) remain extant, as indicated.

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

M-1981     People ex rel: Jenkins, John v Mella

Writ of habeas corpus issued; matter transferred
to Supreme Court, Jefferson County, as indicated; motion otherwise denied.

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

M-2045     People v Velazquez, Roberto, also known as Velasquez, Roberto

Leave to file pro se supplemental brief granted for the October 2005 Term, to which Term appeal adjourned, as indicated.

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

M-1959
M-2169     Carter v Carlis

Time to perfect appeal and cross appeal enlarged
to the September 2005 Term; dismissal of appeal granted unless perfected for said Term, all as indicated.

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

M-2085     Strongback Corporation v N.E.D. Cambridge Avenue Development, Corp.

Time to perfect appeal enlarged to the September 2005 Term.

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

M-2077     Tropp v Flag Security Services, Inc.

Time to perfect appeal enlarged to the September 2005 Term.

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

M-1864     Miccio v FITS Systems, Inc.

Stay denied.

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

M-1955     People v Marguez, David

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

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

M-1728     In the Matter of W., Lionel Burton, Jr., also known
          as W., Lionel - The Children's Society

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

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

M-1996     People v Rollins, Larry

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; time
to perfect appeal enlarged to the October 2005 Term.

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

M-1952     People v Ramey, Benjamin, also known as Ramey, Benjamin Seth

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

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

M-2087     People v Staten, Frank

Moving papers deemed timely filed notice of appeal; leave to prosecute appeal as a poor person granted, as indicated.
(See order of this Court entered April 27, 2004 [M-1436] under Ind. No. 3079/02.)

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

M-2100     People v Castelan, Roberto

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

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

M-2076     People v Butler, Peter

Leave to prosecute appeal on the original record granted.

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

M-2036     David Shaev Profit Sharing Account v Cayne

Time to perfect appeal enlarged to the October 2005 Term.

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

M-2078     Cho v 401-403 57th Street Realty Corp.

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

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

M-2072     People v Jackson, Billroy

Time to perfect appeal enlarged to the October 2005 Term.

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

M-2080     Yoshida v PC Tech U.S.A. & You-Ri, Inc.

Stay denied.

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

M-1934     People v Yeje, Oliver, also known as Ramires, Oliver

Reargument/reinstatement denied.

Buckley, P.J.

M-1858     People v Nunez, George

Leave to appeal to this Court denied.

Sullivan, J.

M-1779     People v Schwartz, Jerrold

Leave to appeal to this Court denied.

Nardelli, J.

M-1500     People v Alvarez, Ramon

Leave to appeal to this Court and other relief denied.

Nardelli, J.

M-1478     People v Bolden, Darrell

Leave to appeal to this Court denied.

Nardelli, J.

M-1451     People v La Torres, Eduardo

Leave to appeal to this Court denied.

Catterson, J.

M-1840     People v Ortiz, Steven

Leave to appeal to this Court and other relief denied.

Catterson, J.

M-1844     People v Wilson, Semori

Leave to appeal to this Court denied.

The following order was entered and filed on June 2, 2005:
Buckley, P.J., Mazzarelli, Friedman, Marlow, Ellerin, JJ.

M-2238     H., Brad v The City of New York

Interim relief granted by order of a Justice of
this Court dated May 23, 2005, continued, and same clarified
to indicate that "access" refers only to monitors having physical access to prisoners, and appellants directed to perfect appeal
for the October 2005 Term; motion otherwise denied.