First Department Motions
THE FOLLOWING MOTION ORDERS WERE ENTERED AND FILED ON MAY 26, 2005
Buckley, P.J., Tom, Mazzarelli, Andrias, Saxe, JJ.

M-2152     People v Rampersad, Renrick

M-2177X     Izzo v Laszlo N. Tauber & Associates, III, LLC
(And a third-party action)

M-2178X     Atton v Bier

M-2179X     Travelers Casualty & Surety Company v Certain
Underwriters at Lloyd's London

M-2196X     Coyne v Mirabella

Appeals withdrawn.

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

M-2195X     Dattoma v Heartland Brewery 2, Inc.

Appeal and cross appeal withdrawn.

Buckley, P.J., Tom, Mazzarelli, Ellerin, Gonzalez, JJ.

M-1941     People v Wright, Ronald

Leave to prosecute appeal as a poor person and related relief granted; Clerk of the Supreme Court shall expeditiously have made and filed with the criminal court two transcripts of the SORA hearing and other proceedings, all as indicated.

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

M-1791     People v Coleman, Kevin

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

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

M-1705     Steinberg v Montefiore Medical Center

Time to perfect appeal enlarged to the September 2005 Term.

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

M-1869     Waddell & Reed Financial, Inc. v Fidelity
and Deposit Company of Maryland

Stay denied; interim relief granted by order of a Justice of this Court, dated April 26, 2005, vacated.

Buckley, P.J., Tom, Mazzarelli, Ellerin, Gonzalez, JJ.

M-1908     Suarez v Gallo Wine Distributors, L.L.C.

Preference and related relief denied.

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

M-1718     People v Best, Darryl

Poor person relief previously granted by order of this Court entered on October 31, 2002 (M-4911) extended to include appeal from judgment of resentence rendered on or about March 21, 2005, as indicated. (See M-1720, decided simultaneously herewith).
Sullivan, J.

M-1720     People v Best, Darryl

Leave to appeal to this Court denied. (See M-1718, decided simultaneously herewith.)

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

M-1101A     People v Acosta, Miguel

Leave to prosecute appeal as a poor person granted, as indicated; the order of this Court entered on April 14, 2005 (M-1101) recalled and vacated.

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

M-4870A     People v Hernandez, Jorge

Leave to prosecute appeal as a poor person granted, as indicated; the order of this Court entered on December 14, 2004 (M-4870) recalled and vacated.

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

M-1653     In the Matter of McF., Nichelle and McF., Desmond
Administration for Children's Services

Law guardian substituted, as indicated.

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

M-1762     In the Matter of Conley v New York City Loft Board

Stay denied.

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

M-1230     People v Gillespie, Anthony

Reargument denied.

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

M-1562     Combier v Anderson

Reargument and/or reinstatement denied.

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

M-1642     In the Matter of Lebron v New York City
Department of Corrections

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

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

M-5841     People v Pichado, Amado, also known as
Pichardo, Amardo

Writ of error coram nobis denied.

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

M-1480     Heilbut v Heilbut

Stay denied, as indicated.

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

M-2185     Vasquez v St. Luke's-Roosevelt Hospital

Stay of trial granted.

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

M-1968     Transport Workers Union of America Local 100
AFL-CIO v Schwartz

Reargument denied.

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

M-1970     Triborough Bridge and Tunnel Authority
v Wimpfheimer

Leave to appeal from the Appellate Term denied.

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

M-1806     Bartning v Bartning Geller
M-1947
Reargument or other relief denied; entry of money judgment denied.

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

M-1735     In the Matter of I., Eghosa Administration for
Children's Services

Appeal dismissed.

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

M-1651     In the Matter of H., Arden Jermaine
Association to Benefit Children/Variety
House for Children

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

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

M-1406     Commissioner of the State Insurance Fund
v Almeida Oil Company, Inc.

Time to perfect appeal enlarged to the October 2005 Term.

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

M-1922     Kadyorios v Nelson

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

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

M-1923     Sexter & Warmflash, P.C. v Margrabe
M-1924
Stay denied; CPLR 5704(a) relief denied; appeal from order entered on or about April 20, 2005, dismissed, as indicated.

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

M-2086     Muller v 225 Ruby Foo's LLC, doing business as
M-2150Ruby Foo's Restaurant

CPLR 5704(a) relief denied; imposition of sanctions denied.

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

M-1099     W&HM Realty Co., LLC v 853 Seventh Avenue Owners, LLC

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

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

M-1278     Great Northern Insurance Company
v Interior Construction Corp.
(And a third-party action)

Leave to appeal to the Court of Appeals deemed one for reargument and, upon reargument, the decision and order of this Court entered on February 22, 2005 (Appeal No. 5416), recalled and vacated and a new decision and order substituted therefor. (See Appeal No. 5416, decided simultaneously herewith.)

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

M-485     Bent v Jackson

Renewal, reargument or other relief denied.

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

M-1958     328 Owners Corp. v 330 West 86 Oaks Corp.

Appeal and cross appeals from order and judgment (one paper), entered on or about November 5, 2003, adjourned to the October 2005 Term, for which Term The City of New York directed to perfect its direct appeal from the order and judgment (one paper), entered on or about March 23, 2005. Clerk directed to calendar appeals and cross appeals for hearing together, all as indicated.

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

M-1827     People v Acevedo, Bienvenido

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

Sullivan, J.

M-1557     People v Royster, John

Leave to appeal to this Court denied.

Gonzalez, J.

M-45          People v Chandler, Sammy

Leave to appeal to this Court denied.