First Department Motions
THE FOLLOWING MOTION ORDERS WERE ENTERED AND FILED ON MAY 13, 2004
Buckley, P.J., Nardelli, Tom, Andrias, JJ.

M-1819X     2200 M Street, LLC v St. Paul Fire and Marine Insurance Company

M-1820X     Jetter v Jetter

M-1821X     Davis v Bankers Trust Company
(And a third-party action)

M-1823X     Davis v Tessler

M-1824X     Wallace v Gomez

M-1825X     Ayromlooi v St. Luke's-Roosevelt Hospital Center

M-1871     People v Garza, Ramon

Appeals withdrawn.

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

M-1828     Concept Carpentry Corp. v Anchor Construction, Inc.

Appeal, previously perfected for the June 2004 Term, withdrawn.

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

M-1837     Progressive Northeastern Insurance Company v Advanced Diagnostic and Treatment Medical, P.C.

Appeal and cross appeal, previously perfected for the May 2004 Term, withdrawn.

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

M-1658     People v Adamson, Yvonne

M-1660           Escalera, William

M-1661           Philippe, Fred

M-1662           Reid, Troy

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

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

M-1812     People v Brunson, Justice

Counsel substituted.

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

M-1814     People v Ortega, Leslie

Counsel substituted.

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

M-1815     People v Encarnacion, Felix

Counsel substituted.

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

M-931     People v Guzman, Guillermo

Notice of appeal deemed timely filed; leave to prosecute appeal as a poor person denied, with leave to renew,
as indicated.

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

M-1454     People v Reyes, Itza, also known as Dough, Jane

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

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

M-1384     People v Polanco, Pablo

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

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

M-1385     People v Hickson, Randy

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

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

M-953A     People v Bracey, Darren

Counsel substituted. (The order of this Court entered on April 8, 2004 (M-953) recalled and vacated.)

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

M-1040     People v Santo, Miguel, also known as Pena, Jose

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

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

M-1216     People v Alexander, Victor

Enlargement of record on appeal denied.

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

M-1089     In the Matter of J., Nasir - Administration for Children's Services

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

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

M-718     In the Matter of S., Jacelyn; S., Jocelyn; and R., Jonathan - Administration for Children's Services

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

Nardelli, J.P., Andrias, Sullivan, Ellerin, JJ.

M-1531     RST Resources, Inc. v Sumitomo Corporation

Time to perfect appeal enlarged to the September 2004 Term.

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

M-1427     In the Matter of Boyd - Bomba

Appeals consolidated; time to perfect same enlarged to the September 2004 Term.

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

M-1835     Marcano v Calvary Hospital, Inc.
M-1898     

Appeal adjourned to the September 2004 Term; stay granted.

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

M-1270     People v Moye, Allen

Time to perfect appeal enlarged to the October 2004 Term, to which Term co-defendant Robert Johnson's appeal adjourned. Clerk directed to calendar appeals for hearing together during said Term.

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

M-1429     People v Johnson, Jermaine

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

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

M-1433     People v Roman, Daniel

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

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

M-1465     People v Garcia, Luis

Notice of appeal amended; this Court's order entered June 24, 2003 (M-2534) amended, as indicated.

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

M-597     In the Matter of S., Thomas v S., Virginia

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

Tom, J.P., Saxe, Ellerin, Lerner, Gonzalez, JJ.

M-1112     In the Matter of C., Dolores v D., Harry

Leave to prosecute appeal as a poor person denied and appeal dismissed, as indicated.

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

M-1284     Sommer v Sommer

Appeal dismissed, as indicated.

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

M-1649     I.G. Second Generation Partners, L.P. v Duane Reade

Time to perfect appeals enlarged to the September 2004 Term.

Tom, J.P., Sullivan, Williams, Lerner, Gonzalez, JJ.

M-1704     Pressman-Neubardt v Pressman

Stay denied.

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

M-1428     In the Matter of Cromwell Associates v New York State Division of Housing and Community Renewal - Casado

Leave to intervene and other relief denied.

Mazzarelli, J.P., Sullivan, Lerner, Marlow, Gonzalez, JJ.

M-402     People v Moracen, Raul, also known as Morales, Raul

Notice of appeal and order of assignment amended; leave to prosecute appeal as a poor person granted, all as indicated.

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

M-971     In the Matter of Marino v New York City Police Department

Leave to prosecute appeal as a poor person denied.

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

M-400     In the Matter of P., Terrance, also known as
          P., Terrance J., Jr.; P., Preston, also known
          as P., Preston C.; C., Devonte, also known as
          C., Devonte Dave; C., Zakiya - Administration
for Children's Services

Leave to prosecute appeal as a poor person granted,
as indicated. (See M-400A, decided simultaneously herewith.)

Saxe, J.

M-400A     In the Matter of P., Terrance, also known as
          P., Terrance J., Jr.; P., Preston, also known
          as P., Preston C.; C., Devonte, also known as
          C., Devonte Dave; C., Zakiya - Administration
for Children's Services

Stay denied. (See M-400, decided simultaneously herewith.)

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

M-711     In the Matter of S., Rafael

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

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

M-1331     People v Ocasio, Ruben

Counsel substituted.

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

M-1799     In the Matter of H., Taalil Ishmale, also known
as H., Taalil, also known as H., Ishmael; and
H., Karimah-Fatimah, also known as H., Karimah,
- Little Flower Children's Services

Appeal dismissed.

Saxe, J.

M-922     People v Evans, William Anthony

Leave to appeal to this Court denied.

Friedman, J.

M-1601     People v Silverio, Eladio

Leave to appeal to this Court denied.

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

M-5323In the Matter of Ronald F. Harnisch
M-5870an attorney and counselor-at-law:

Respondent disbarred and his name stricken from the roll of attorneys and counselors-at-law in the State of New York, effective nunc pro tunc to August 11, 2003. Cross motion denied.
Opinion Per Curiam. All concur.

The following order was entered and filed on May 11, 2004
Tom, J.P., Sullivan, Williams, Lerner, Gonzalez, JJ.

M-1775     Kappstatter v The City of New York
(And other actions)

Stay denied.