First Department Motions
THE FOLLOWING MOTION ORDERS WERE ENTERED AND FILED ON MAY 17, 2005
Buckley, P.J., Tom, Mazzarelli, Andrias, Saxe, JJ.

M-1978X     Oulias v B.R. Fries & Associates, Inc.
(And another action)

Appeal withdrawn.

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

M-1979X     Vitale v EventQuest, Inc.

Appeal withdrawn.

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

M-1995X     Wright v The City of New York

Appeal withdrawn.

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

M-1997     People v Durham, Gail

Appeal withdrawn.

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

M-1606     Davey v Bendish

Appeal dismissed.

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

M-1782     People v Jernigan, Jermaine

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

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

M-1787     People v Abdul-Khaliq, Khalifah

M-1788           Burwell, Harry

M-1789           Butler, Keith, also known as Butler,
                Keith Terrell

M-1790           Cleamons, Traci

M-1793           Lewis, Kutay

M-1794           Medina, Carlos

M-1795           Mota, Leonard, also known as Mota, Leonardo,
also known as Leonardo, Mota

M-1796           Reid, Randolph

M-1797           Sanders, Robert

M-1798           Saunders, Rickey, also known as Simmons, Karl

M-1799           Simmons, Donnie R.

M-1800           Wade, Antoine

M-1801           Watson, Patrick

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

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

M-1914     People v Cestalano, Edwardo, also known as Cestalano, Eduardo, also known as Cestelano, Eduardo

Counsel substituted.

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

M-1704     First Wall Street Co., Ltd. v Berkshire Mortgage Finance Limited Partnership, also known as The Berkshire Group

Enlargement of time to perfect appeal denied,
as indicated.

Buckley, P.J., Marlow, Sullivan, Gonzalez, Catterson, JJ.

M-1633
M-1745     In the Matter of K., Tristram - Administration for Children's Services

Consolidated appeals adjourned to the September 2005 Term; visitation denied, all as indicated.

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

M-1645     In the Matter of J.P. Morgan Securities Inc. v Weisberg

Reconsideration granted and, upon reconsideration,
stay of arbitration denied and the order of this Court entered on March 24, 2005 (M-966) recalled and vacated.

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

M-1513A     People v Williams, Ivan

Appeal dismissed due to appellant's death; matter remanded to Supreme Court, New York County, as indicated. The order of this Court entered on May 10, 2005 (M-1513) recalled and vacated.

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

M-1729     In the Matter of L., Jermal

Leave to dispense with production of minutes granted,
as indicated.

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

M-1803     National Refund and Utility Services, Inc., doing
business as Metroplitan Refund v Plummer Realty Corp.,           also known as Plummer Realty, Inc.

Time to perfect appeal enlarged to the October 2005 Term, as indicated.

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

M-1883     The City of New York v Continental Casualty Company

Time to perfect appeal enlarged to the September 2005 Term.

Tom, J.P., Mazzarelli, Andrias, Friedman, Catterson, JJ.

M-1810     People v Rizzi, John

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

Tom, J.P., Mazzarelli, Andrias, Friedman, Catterson, JJ.

M-1775     Lajqi v New York City Transit Authority

Stay of trial denied.

Tom, J.P., Saxe, Friedman, Marlow, Catterson, JJ.

M-1366A
M-1479A     Dansby v Trumpatori - Lynn

Time to perfect appeals and cross appeal enlarged to the September 2005 Term, as indicated. The order of this Court entered on April 28, 2005 (M-1366/M-1479) recalled and vacated.

Tom, J.P., Mazzarelli, Andrias, Friedman, Catterson, JJ.

M-1774     Rabouin v Metropolitan Life Insurance Company - Quiello

Leave to file supplemental record on appeal granted, as indicated.

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

M-1780     People v Hidalgo, Victor

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

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

M-1917     People v Figueroa, Moises

Counsel substituted.

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

M-5436     People v Boozer, Anthony

Reargument denied.

Mazzarelli, J.P., Sullivan, Ellerin, Gonzalez, Sweeny, JJ.

M-1473     In the Matter of S., Darrell

Law Guardian substituted, as indicated.

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

M-1613
M-1732     In the Matter of The Application of Everlast World's Boxing Headquarters Corp. - Joan Hansen & Company, Inc.

Enlargement of time to perfect appeal denied; appeal dismissed.

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

M-1489     In re Blount v New York City Civil Service Commission

Leave to appeal to the Court of Appeals and other relief denied.

Saxe, J.P., Marlow, Sullivan, Williams, Gonzalez, JJ.

M-1639     Justiniano v Martin

Time to perfect appeal enlarged to the September 2005 Term.

Friedman, J.P., Sullivan, Gonzalez, Sweeny, Catterson, JJ.

M-1826     People v Cambridge, Bertram

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

Friedman, J.P., Sullivan, Gonzalez, Sweeny, Catterson, JJ.

M-1913     Parker & Waichman v Napoli     

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

Buckley, P.J.

M-1744     People v West, Oliver Giola Jr.

Leave to appeal to this Court denied.

Saxe, J.

M-1721     People v Salley, Sean

Leave to appeal to this Court and other relief granted.

Williams, J.

M-1548     People v Moolenaar, Brian

Leave to appeal to this Court denied.

Williams, J.

M-1614     People v Warren, Vincent

Leave to appeal to this Court denied.

Sweeny, J.

M-1755     People v Davis, Demetrius

Leave to appeal to this Court denied.

Tom, J.P., Andrias, Marlow, Ellerin, Sweeny, JJ.

M-990     In the Matter of Scott H. Sessler
(admitted as Scott Howard Sessler),
an 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 February 2, 2005. Opinion Per Curiam.
All concur.

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

M-3275     In the Matter of Donald J. Goldman,
an attorney and counselor-at-law:

Respondent suspended from the practice of law in the State of New York, for a period of one year, effective June 17, 2005, and until further order of this Court. Opinion Per Curiam. All concur.

The following order was entered and filed on May 12, 2005:
Buckley, P.J., Saxe, Ellerin, Nardelli, Williams, JJ.

M-1786     Gryphon Domestic VI, LLC v GBR Information Services, Inc.

Stay of proceedings granted on condition appeal perfected for the October 2005 Term, as indicated.