First Department Motions
THE FOLLOWING MOTION ORDERS WERE ENTERED AND FILED ON MARCH 15, 2005
Buckley, P.J., Tom, Mazzarelli, Andrias, Saxe, JJ.

M-924X     Vista Advisors, Inc. v Urquhart

Appeal withdrawn.

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

M-1022X     Cohen PDC, LLC v Cheslock-Bakker Opportunity Fund, LP

Appeal withdrawn.

M-1023X     Sylmark Holdings Limited v Silicone Zone International Limited

Appeal withdrawn.

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

M-1024     Felsen Fabrics Corp. v Castro

Appeals, previously perfected for the April 2005 Term, withdrawn.

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

M-986     Morningside Fuel Corp. v Dennis Lane Apartments, Inc.

Appeals and cross appeals, previously perfected for the April 2005 Term, withdrawn.

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

M-752     In the Matter of Tannenbaum v City of New York

Appeal deemed withdrawn.

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

M-814     People v Blanco, Carlos

M-815      Camilo, Jose

M-816           De La Rosa, Francisco, also known as
De La Rosa, Francis

M-817           Farias, Reynaldo

M-818           Green, William

M-819           Hobbs, Martin

M-821           Johnson, Donald

M-822           Maniya, Francis, also known as Ruiz, Francis

M-825           Vaughn, Ernest

M-826           Wood, Clarence, also known as Wade, Clarence

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

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

M-584     People v Thomas, Paul

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

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

M-446     People v Rincon-Mateo, Remy, also known as
Rincon-Mateo, Ramy

Moving papers deemed a timely filed notice of appeal.

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

M-1058     People v Daniels, Thomas

Upon the Court's own motion, counsel substituted.

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

M-1059     People v Vernon, Allan

Upon the Court's own motion, counsel substituted.

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

M-1060 People v Watson, Keston

Upon the Court's own motion, counsel substituted.

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

M-5238     Serrano v 432 Park South Realty Co., L.L.C.
(And other actions)

Stay of trial granted on condition appeal perfected for the September 2005 Term, as indicated.

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

M-804     In the Matter of Schroder & Co., Inc. v Block
          (And other actions)

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

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

M-5880     Lebron v Smith

Leave to prosecute appeal as poor person denied.

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

M-664     Claire v O'Driscoll
(and a third-party action)

Time to perfect appeals and cross appeal enlarged to the September 2005 Term.

Buckley, P.J., Tom, Sullivan, Williams, JJ.

M-661     Katz v American Mayflower Life Insurance Company of
New York

Leave to appeal to the Court of Appeals granted,
as indicated. (See M-555 and M-555A, decided simultaneously herewith.)

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

M-555     Goldman v Metropolitan Life Insurance Company

Leave to appeal to the Court of Appeals granted,
as indicated. (See M-555A and M-661, decided simultaneously herewith.)

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

M-555A     Franco v The Guardian Life Insurance Company of America

Leave to appeal to the Court of Appeals granted,
as indicated. (See M-555 and M-661, decided simultaneously herewith.)

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

M-785     In the Matter of J., Agnes v J., Ronald

Leave to prosecute appeal as a poor person denied.

Tom, J.P., Andrias, Williams, Gonzalez, Catterson, JJ.

M-702     Johnson v Chapin

Time to perfect appeal enlarged to the September 2005 Term and motion otherwise denied, as indicated.

Tom, J.P., Andrias, Williams, Gonzalez, Catterson, JJ.

M-592     In the Matter of 1000 LLC v Calogero

Time to file late notice of appeal enlarged, as indicated; time to perfect appeal enlarged to the September 2005 Term.

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

M-625     Sellitto v New York City Industrial Development Agency;
Sellitto v AIU Realty, Inc.
(And other actions)

Time to perfect respective appeals enlarged to the September 2005 Term, as indicated.

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

M-740     Tan Holding Corp. v Eklund

Time to perfect appeal enlarged to the December 2005 Term. (See M-741, decided simultaneously herewith.)

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

M-741     Lutine Realty Corp. v Perry Films, Inc.

Time to perfect appeal enlarged to the December 2005 Term. (See M-740, decided simultaneously herewith.)

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

M-786     FP Bellerose LLC v Footbridge Construction Corp.

Time to perfect appeal enlarged to the September 2005 Term.

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

M-641     Schiavone Construction Company v U.S. Fire Insurance Co.

Time to perfect appeal enlarged to the September 2005 Term.

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

M-568     In the Matter of Seidner - L., Madeline; In the Matter of Seidner - L., Vivian

Consolidation of appeals denied, as indicated.

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

M-520     Zion v NYP Holdings, Inc., doing business as New York Post

Stay of all proceedings, including trial, granted.

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

M-775
M-778     Gallegos v Elite Model Management Corporation

Time to perfect appeals enlarged to the September 2005 Term. Clerk directed to calendar appeals for hearing together in said Term.

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

M-17          Pouso v The City of New York
(And other actions)

Motion for resettlement/clarification deemed motion
for reargument and, upon reargument, the decision and order of this Court entered August 19, 2004 (Appeal No. 3355) is recalled and vacated and a new decision and order substituted therefor. (See Appeal No. 3355, decided simultaneously herewith.)

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

M-475     People v Perry, Timothy

Enlargement of time to perfect appeal denied, as indicated. (See M-4977, entered December 14, 2004, a copy of which is annexed hereto.)

Saxe, J.P., Marlow, Ellerin, Nardelli, Sweeny, JJ.

M-235     Estate of Silber - Silber v Emigrant Savings Bank

Stay denied and appeal from judgment of Supreme Court, New York County, entered on or about April 15, 2004, dismissed.

Andrias, J.

M-5039     People v Alicea, Angel

Leave to appeal to this Court and related relief denied.

Buckley, P.J., Ellerin, Nardelli, Williams, Sweeny, JJ.

M-329     In the Matter of George R. Osborne,
(admitted as George Richard Osborne, Jr.)
a suspended attorney:

Respondent's resignation accepted and his name stricken from the roll of attorneys and counselors-at-law in the State of New York, effective the date hereof. Opinion Per Curiam. All concur.

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

M-4614     In the Matter of John A.R. Dalley,
(admitted as John Albert Reuben Dalley)
an attorney and counselor-at-law:

Respondent publicly censured. Opinion Per Curiam.
All concur.

The following orders were entered and filed on March 10, 2005:
Buckley, P.J., Williams, Ellerin, Gonzalez, Sweeny, JJ.

M-979     Penn v Jaros, Baum & Bolles
(and other actions)

Consolidation granted; each appellant directed
to perfect their respective appeal, by separate brief and supplemental record on appeal, on or before March 28, 2005
for the June 2005 Term, as indicated. Clerk directed to calendar all appeals for hearing together in said June 2005 Term. Trial stayed pending hearing and determination of appeals on condition they are so perfected. Upon failure of any appellant to so perfect, respondent may move to dismiss the respective appeal.

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

M-633     Maldonado v 1992 Fulton Realty Corp.

Time to perfect appeal enlarged to June 2005 Term,
as indicated.

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

M-662     Soumayah v Minnelli

      Preliminary appellate injunction granted on condition appeal perfected on or before March 28, 2005 for the June 2005 Term, as indicated.

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

M-798     Retropolis, Inc. v 14th Street Development LLC

Stay of eviction granted on terms and conditions contained in the order of a Justice of this Court, dated
February 16, 2005, inter alia, directing perfection of appeal for the June 2005 Term and upon the continuation of monthly payments, as indicated.

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

M-769     Appolino v Delorbe

Leave to strike record on appeal granted to extent
of permitting plaintiffs-respondents to file 10 copies of a supplemental record on appeal, along with respondents' brief, which shall be filed on or before March 30, 2005 for the May 2005 Term, all as indicated.