First Department Motions
THE FOLLOWING MOTION ORDERS WERE ENTERED AND FILED ON MARCH 25, 2004
Buckley, P.J., Nardelli, Tom, Mazzarelli, Andrias, JJ.

M-1056     People v Pannell, Michael

Appeal withdrawn.

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

M-1094     Theodore v River Rose, L.L.C.

Appeal, previously perfected for the April 2004 Term, withdrawn.

Buckley, P.J., Williams, Lerner, Marlow, JJ.

M-524     People v Hamilton, Reynold

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

Buckley, P.J., Williams, Lerner, Marlow, JJ.

M-355     People v Jaquez, Severiana, also known as Jacquez, Severiana

Reinstatement of appeal and other relief denied.

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

M-453     People v Buari, Calvin, also known as Calvin, Buari

M-472     Remijio v The City of New York

M-473     Marren v Marren

M-584     In re: New York State Latex Glove Product Liability Litigation; Sinrod v Smith & Nephew AHP, Inc.

M-703     People v Chevere, Chris

M-749     Powell v The Metropolitan Entertainment Co., Inc.

M-794     Cusanelli v The New York City Transit Authority

Time to perfect appeals enlarged to the September 2004 Term.

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

M-829     Colonial Insurance Company, currently known as AXA Global Risk U.S. Insurance Company v The State Insurance Fund

Time to perfect appeal and cross appeal enlarged to the September 2004 Term.

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

M-563     Agostino v Soufer

Time to perfect appeal enlarged to the September 2004 Term, as indicated.

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

M-388     Lazard Freres & Co. LLC v West*Group Properties LLC

Leave to appeal to the Court of Appeals denied.

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

M-602     Jiggetts v Dowling

Reargument or other relief denied.

Buckley, P.J., Nardelli, Saxe, Marlow, JJ.

M-899     In the Matter of P., Stefan v C., Elizabeth C.

Petitioner granted leave to file supplemental record on appeal; motion otherwise denied, as indicated.

Buckley, P.J., Nardelli, Saxe, Marlow, JJ.

M-738     Van Buren v Worby Borowick Groner LLP

Enlargement of record on appeal granted, as indicated; appeal adjourned to the June 2004 Term.

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

M-876     People v Scott, Clive

Leave to file pro se supplemental brief denied.

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

M-421     People v Foti, John

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

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

M-419     Cruz v E&N Refrigeration Corp.

Time to perfect appeal enlarged to the September 2004 Term.

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

M-1028     Klein v Etra

Stay of trial denied; time to perfect appeal enlarged to the September 2004 Term.

Nardelli, J.P., Mazzarelli, Andrias, Sullivan, Lerner, JJ.

M-531     In re Attonito v Maldonado

Stay denied.

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

M-4195     People v Garraway, Mark

Writ of error coram nobis denied.

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

M-719
M-745
M-747
M-856     In re The New York Times Company v City of New York Fire Department

Leave to correct decision and order of this Court entered January 8, 2004 (Appeal No. 2662), granted to the extent of the simultaneous issuance of a corrected order on said appeal (M-747); leave to appeal to the Court of Appeals denied, as indicated (M-719/M-745/M-856).

Nardelli, J.P., Tom, Ellerin, Lerner, Friedman, JJ.

M-5702     Thomas v 2 Overhill Road Associates, L.L.C.
(And a third-party action)

Reargument or other relief denied.

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

M-105     In re The Benjamin Shapiro Realty Company v The New York State Division of Housing and Community Renewal

Reargument or other relief denied.

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

M-30          In re Application of Bevtek Corp. v Mr. Natural, Inc.

Reargument denied.

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

M-458     Lewittes v Lewittes

Leave to appeal to the Court of Appeals denied.

Nardelli, J.P., Mazzarelli, Sullivan, Lerner, JJ.

M-5653     Fruition, Inc. v Rhoda Lee, Inc.

Reargument and/or clarification granted to the extent
of amending the decision and order of this Court entered on November 6, 2003 (Appeal No. 2078) by adding, on page 59, the word "allegedly" to the second sentence of the second paragraph between "however" and "became" to read: "Defendant, however, allegedly became unable to perform because the contracted-for fabric was stolen from its warehouse, and this action for breach of contract ensued."

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

M-782     Nager v Teachers' Retirement System of the City of New York

Appeal dismissed unless appeal perfected for the September 2004 Term, as indicated; motion otherwise denied.

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

M-233     People v Maisonette, William

Leave to file pro se supplemental brief denied; appeal adjourned to the June 2004 Term.

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

M-5559     Salahuddin v Webster Tremont Equities, Corp.

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

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

M-169
M-724     Kane v Coundorous
(And a third-party action)

Time to perfect appeal enlarged to the September 2004 Term; dismissal of appeal granted unless appeal perfected for said Term, all as indicated.

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

M-5404     Penner v Hoffberg Oberfest Burger & Berger

Leave to appeal to the Court of Appeals denied.

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

M-618
M-828     Fresco v 157 East 72nd Street Condominium
(And other actions)

Leave to appeal to the Court of Appeals denied.

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

M-1007     Reznicki v Strathallan Hotel, Inc.

Appeals consolidated; stay of trial granted on condition appeal(s) perfected for the September 2004 Term, all
as indicated.

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

M-610     406 West 47th Street HDFC v Picot

Leave to appeal from the Appellate Term and other relief denied.

Lerner, J.

M-5193     Heath v Wojtowicz

Leave to appeal to this Court denied.

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

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

M-1225Nicole Elise Toran, admitted
on April 14, 1993 at a Term
of the Appellate Division,
Second Department

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

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

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

M-1244Sheila Harriett Tralins, admitted on
February 17, 1984, at a Term of the
Appellate Division,Fourth Department

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