First Department Motions
THE FOLLOWING MOTION ORDERS WERE ENTERED AND FILED ON MARCH 24, 2005
Buckley, P.J., Tom, Mazzarelli, Andrias, Saxe, JJ.

M-1065X     McConser v Ryder Truck Rental LT

Appeal withdrawn.

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

M-1163     Kaye Scholer LLP v Samuels

Appeal, previously perfected for the April 2005 Term, withdrawn.

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

M-1194X     Lamb v Carroll

Appeal and cross appeal withdrawn.

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

M-803     People ex rel. Whitney, Wayne v Warden

Appeal deemed withdrawn.

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

M-620     Martinez v Manhattan and Bronx Surface Transit Operating Authority

Appeal dismissed unless perfected for the October 2005 Term, as indicated.

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

M-448
M-882     In the Matter of P., William - Commissioner of Social Services of the City of New York

Appeal dismissed unless perfected for the September 2005 Term, as indicated; time to perfect same enlarged to said Term.

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

M-733     Parametric Capital Management, LLC v Lacher

Dismissal of appeal denied, as indicated.

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

M-823     People v Raby, Joseph

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

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

M-824     People v Sappe, Richard

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

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

M-629
M-988     DiPierro v Auer's Moving & Rigging, Inc.

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

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

M-719     Allstate Insurance Company v Buziashvili

Time to perfect appeal enlarged to the September 2005 Term.

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

M-750     Silbermann v Triple Petroleum, Inc.

Time to perfect appeal enlarged to the September 2005 Term.

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

M-728     Spina v Jack D. Weiler Hospital of the Albert Einstein College of Medicine

Time to perfect appeal enlarged to the September 2005 Term.

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

M-812     Tash v Federated Department Stores, Inc., doing business as Macy's Department Store

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

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

M-966     In the Matter of J.P. Morgan Securities Inc.
v Weisberg

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

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

M-5130     People v Flemming, Woodrow

Vacatur of judgment and other relief denied, as indicated.

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

M-780     In the Matter of L., Jermal

Transcription of minutes directed; time to perfect appeal enlarged to the September 2005 Term.

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

M-695     People v Cooper, Eddie

Matter remanded to sentencing court, as indicated; appeal adjourned to the September 2005 Term.

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

M-894     People ex rel. Stevenson, William v Warden

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

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

M-810     Estate of Seals - Sepulveda v Aviles

Appeal dismissed.

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

M-829     People v Oliveri, John, also known as Oliveri, John, Jr.

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

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

M-860     People v Nesbitt, Darren

Counsel substituted.

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

M-5212     People ex rel. Pena, Joaquin v Warden

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

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

M-703     People v Rosado, Odalis

Time to perfect appeal enlarged to the September 2005 Term.

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

M-771     Ross v Wu

Time to perfect appeal enlarged to the September 2005 Term.

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

M-790     In the Matter of L., Thomas

Time to perfect appeal enlarged to the September 2005 Term.

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

M-848     In the Matter of F., Felix

Time to perfect appeal enlarged to the September 2005 Term.

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

M-864     People v Butler, Peter

Time to perfect appeal enlarged to the September 2005 Term.

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

M-878     People v Maynard, Jeremiah

Time to perfect appeal enlarged to the September 2005 Term.

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

M-678     People v Neil, Vernon

Leave to unseal record granted to the extent indicated.

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

M-608     In the Matter of Encarnacion v Sawyer

Leave to prosecute appeal as a poor person granted
to the extent indicated; time to perfect appeal enlarged to the October 2005 Term.

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

M-976     Henderson v Henderson

CPLR 5704(a) relief denied, as indicated.

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

M-828     In the Matter of Kaminow v West Mill Clothes, Inc., also known as Lord West

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

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

M-337     In the Matter of B., Steven v S., Makeeba

Leave to prosecute appeal as a poor person denied,
with leave to renew upon perfection of the appeal.

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

M-923     Sakow v 633 Seafood Restaurant, Inc.

Motion and appeal deemed withdrawn.

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

M-906     Duane Reade v RCPI Trust

Appeal deemed withdrawn.

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

M-863     Mamady v Lucimo
(And other actions)

Dismissal of appeal denied.

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

M-836     Mongo v Lower Manhattan Development Corporation

Enlargement of record on appeal denied, without prejudice to renew, as indicated.

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

M-1213     Lewis Haller-LRK Design Assoc. v Newman

Stay of trial denied.

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

M-962     People v Martin, Vincent

Leave to file pro se supplemental brief denied.

Buckley, P.J.

M-501     People v Paul, Eric

Leave to appeal to this Court denied.

Andrias, J.

M-985     In the Matter of B., Vanessa - Abbott House

Stay of adoption denied.

Marlow, J.

M-794     People v Murray, Joel

Leave to appeal to this Court denied.

Ellerin, J.

M-378     People v Patinos, Christian

Leave to appeal to this Court denied.

Ellerin, J.

M-546     People v Cintron, Raphael

Leave to appeal to this Court denied.

Sweeny, J.

M-755     Heath v Wojtowicz
(And a third-party action)

Leave to appeal to this Court denied.
     

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

M-5823     In the Matter of Wayne A. Hagendorf,
an attorney and counselor-at-law:

Respondent suspended from the practice of law in
the State of New York for a period of five months, effective
April 25, 2005, and until further order of this Court. Opinion Per Curiam. All concur.

The following orders were entered and filed on March 22, 2005:
Tom, J.P., Andrias, Sullivan, Nardelli, Williams, JJ.

M-1192     De Meo v Webdgate Corp., doing business as Wendy's and Wendy's Food Systems, Inc., doing business as Wendy's
(And a third-party action)

Stay of trial denied.

Mazzarelli, J.P., Saxe, Marlow, Gonzalez, Sweeny, JJ.

M-1015     In the Matter of Johnsen v ACP Distribution, Inc.

Stay of dissolution proceedings granted.

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

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

M 1208Crawford S. Shaw, admitted on July 1, 1963,
at a Term of the Appellate Division,
First Department

Respondent reinstated as an attorney and counselor-
at-law in the State of New York, effective the date hereof.
No opinion. All concur.