First Department Motions
THE FOLLOWING MOTION ORDERS WERE ENTERED AND FILED ON MARCH 22, 2005
Buckley, P.J., Tom, Mazzarelli, Andrias, Saxe, JJ.

M-1147     People v Howard, Michael

M-1148     People v Leak, James

M-1151X     McElroy v 5 Harrison Associates, Ltd.

M-1158     People v Jenkins, Samuel

Appeals withdrawn.

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

M-1066     Assurance Company of America, as subrogee of Infinity
Classics International v Keter Quality Judaica, LLC.
(And a third-party action)

Appeal, previously perfected for the April 2005 Term, withdrawn.

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

M-624     T-Mobile USA, Inc., formerly known as Voicestream
Wireless Corp. v Urban Wireless, Inc.

Appeal dismissed.

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

M-585     People v Thomas, Wesley

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

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

M-679     People v Lopez, Ramon

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

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

M-932     People v Barnes, Tommy, also known as Barnes, Thomas

Moving papers deemed timely filed notice of appeal under Ind. No. 4118/04; leave to prosecute appeal as a poor person under Ind. Nos. 1325/04 and 4118/04 granted, as indicated.

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

M-931     People v Auterbridge, Courtney

M-933           Brinson, Neil, also known as Brinson, Neal

M-934           Burton, Hakim

M-935           DeJesus, Nicholas

M-937           Haith, Ossie

M-938           Herman, Gregory E., Sr., also known as
Herman, Gregory, Sr.

M-939           Johnson, Keith

M-942           Jones, Nathanial, also known as
Jones, Nathaniel

M-943           Medlin, George

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

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

M-945     People v Milan, Felipe

M-946           Nelson, Michael

M-949           Rivera, Juan

M-952           Velazquez, Samuel

M-954           Warren, Edward, also known as
Warren, Edward, III

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

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

M-683     People v Hernandez, Miguelito

Notice of appeal filed July 29, 2002 deemed timely; leave to prosecute appeal as a poor person granted, as indicated.

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

M-700     Lebron v Donahue

Leave to prosecute appeal as a poor person and related relief denied.

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

M-1123     People v Rios-Davilla, German, also known as
Rios-Davila, German, also known as
Rios, German

Counsel substituted.

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

M-1126     People v Fryar, Rashea

Counsel substituted.

Buckley, P.J., Marlow, Ellerin, Gonzalez, Sweeny, JJ.

M-792     People v Morales, Isaac

Enlargement of record on appeal denied.

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

M-688     People v Garrido, Juan

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

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

M-696     People v Brown, Rodney

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

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

M-777     Davis v Stewart

Leave to prosecute appeal as a poor person and related relief denied, without prejudice to renewal, as indicated.

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

M-594     People v Rodriguez, Jesse

Counsel substituted.

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

M-681     People v Gomez, Saul

Substitution of counsel denied.

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

M-698     Hartigan v E-Vantage Solutions, Inc.

Time to perfect appeal enlarged to the September 2005 Term.

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

M-747     Kinberg v Garr

Time to perfect appeal enlarged to the September 2005 Term.

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

M-857     Campos v The City of New York

Time to perfect appeal enlarged to the September 2005 Term.

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

M-714     People v Best, Darryl

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

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

M-706     People v DeJesus, Jose

Enlargement of time to file notice of appeal from judgment rendered on or about June 11, 1993 denied, the appeal having been dismissed by order of this Court entered October 31, 1996 (M-5722).

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

M-955     People v Beltre, Steicy Rafael, also known as
Beltre, Stacy

Notice of appeal and order of assignment amended, as indicated.

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

M-500     In the Matter of Fernbach LLC v New York State
Division of Housing & Community Renewal

Dismissal of appeal denied, without prejudice to addressing issue on appeal.

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

M-840     People v Tenzer, Leonard

Continuation of stay of execution of sentence granted on condition appeal perfected for the September 2005 Term.
Tom, J.P., Andrias, Sullivan, Williams, Gonzalez, JJ.

M-560     Coburn v Robson & Miller, LLP

Leave to appeal to the Court of Appeals denied.

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

M-623     Lynch v The City of New York
(And other actions)

Reargument or other relief denied.

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

M-596     People v Levites, Roman

Leave to sever consolidated appeals and other relief denied.

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

M-357     DeJesus v Otis Elevator Company

Time to perfect appeal enlarged to the September 2005 Term.

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

M-756     People v Tejada, Waskar, also known as
Tejeda, Waskar

Time to perfect appeal enlarged to the September 2005 Term.

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

M-722     In re Q., "Baby Girl", also known as Q., Meagan;
and Q., Justin Lee
Jewish Child Care Association of New York

Reargument or other relief denied.

Andrias, J.P., Saxe, Sullivan, Ellerin, Sweeny, JJ.

M-811     In the Matter of Lugo v New York City Housing Authority

Leave to prosecute appeal as a poor person and related relief denied.

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

M-734     In re Cambridge v Commissioner of the New York
City Department of Buildings

Reargument or other relief denied.

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

M-650     Mail Boxes Etc. USA, Inc. v Higgins
M-928
Reargument or other relief denied; sanctions, attorneys' fees and other relief denied.

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

M-345     Brookman & Brookman, P.C. v Joseph Fleischer
Natural Coiffures, Inc.

Reargument or other relief denied.

Gonzalez, J.

M-5585     People v Campos, Mirna

Leave to appeal to this Court granted, as indicated.

Sweeny, J.

M-666     People v Woullard, Jesse

Leave to appeal to this Court denied.

Catterson, J.

M-379     People v Solis, Luis

Leave to appeal to this Court denied.

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

M-626     In the Matter of Domenick Crispino,
a disbarred attorney:

Poor person relief denied. No Opinion. All concur.

Mazzarelli, J.P., Saxe, Ellerin, Nardelli, Williams, JJ.

In the Matter of Attorneys Who Are in Violation
of Judiciary Law Section 468-a:

M-965Frank Herschel Finch, admitted on 9-20-88,
at a Term of the Appellate Division,
First Department

Reinstatement denied, with leave to renew, as indicated. Certificate of good standing may be obtained upon issuance of an order of reinstatement. No opinion. All concur.

The following order was entered and filed on March 17, 2005:
Buckley, P.J., Marlow, Ellerin, Gonzalez, Sweeny, JJ.

M-746     Heckstall v Pincus

Defendant-appellant Glaxo Wellcome, Inc. directed to correct the record on appeal and table of contents, as indicated; motion otherwise denied.

The following orders were entered and filed on March 21, 2005:
Mazzarelli, J.P., Marlow, Williams, Gonzalez, Catterson, JJ.

M-655     In the Matter of C., Baby Boy
M-849     -A., Jeffrey v Tohono O'Odham Nation-

Leave to appeal to this Court granted; law guardian assigned. Clerk directed to calendar appeal for hearing in the first week of the June 2005 Term, all as indicated. (See M-655A, decided simultaneously herewith).

Marlow, J.

M-655A     In the Matter of C., Baby Boy
-A., Jeffrey v Tohono O'Odham Nation

Stay of adoption proceedings granted. (See M-655 and M-849, decided simultaneously herewith).