First Department Motions
THE FOLLOWING MOTION ORDERS WERE ENTERED AND FILED ON NOVEMBER 18, 2003
Buckley, P.J., Nardelli, Tom, Mazzarelli, Andrias, JJ.

M-5014X     Appalachian Insurance Company v Riunione Adriatic Di Sicurata
(And a third-party action)

M-5015X     Royal Insurance Company of America v Citibank, N.A.
(And a third-party action)

M-5063X     Riggins v City of New York

M-5064X     Higgins v Bellet Construction Co., Inc.

M-5065X     Doan v Sitton

M-5084X     Jones v Lopez

M-5085X     D., J.C. v D., D.W.

M-5115X     James v Colon; Fontaine v Aviles
(And another action)

M-5116X     Anonymous v Sanger

M-5117X     Zabel v McCullough

M-5139     People v Arevalo, Rigoberto

Appeals withdrawn.

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

M-5066X     Abreu v The St. Vincent's Hospital of the City of New York

Appeal and cross appeal withdrawn.

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

M-4727     Miseirvitch v Bronfman
(And a third-party action)

Appeal deemed withdrawn.

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

M-5048     Morris v Chapin

     Appeals, previously perfected for the December 2003 Term, withdrawn.

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

M-4896Sygrove v Rosenberg

Stay denied.

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

M-4839     Smith v Waner

Stay denied; interim relief granted by order of a Justice of this Court, dated October 14, 2003, vacated.

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

M-4617     Lai v Daily News, L.P.

Appeal, previously perfected for the January 2004 Term, deemed withdrawn.

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

M-4659     In the Matter of H., Nicole and J., Chazz - Administration for Children's Services

Leave to prosecute appeal as a poor person granted to the extent indicated.

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

M-4010     People v Barnett, William

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

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

M-4708     In the Matter of C., Ricardo; C., Zaire and
T., Shawnpaul - Family Support System

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

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

M-4588
M-4872     Segovia v Our Lady of Mercy Medical Center

Stay granted on condition appeal perfected for the March 2004 Term, as indicated; leave to appeal from an adverse interpretation of the order presently on appeal denied.

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

M-5176
M-5176A     EPC II LLC v Empire Holdings LLC

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

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

M-4507     People v Diaz, Jose, also known as Batista, Juan

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

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

M-4462     People v Reyes, William

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

Tom, J.P., Saxe, Rosenberger, Williams, Gonzalez, JJ.

M-4398     In the Matter of P., "Baby Girl", also known as P., Lourdes; P., Juan Jose; P., Jonathan Manuel and T., "Baby Boy", also known as T., Christopher - Leake and Watts Services, Inc.

Dismissal of appeal denied, with leave to renew, as indicated.

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

M-4512     People v Lewis, Gil

Time to perfect appeal enlarged to the March 2004 Term.

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

M-4912     Cohen v Berkowitz

Stay of all proceedings, including trial, denied.

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

M-5053     Rachimi v Rachimi

Stay and related relief denied.

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

M-4908     People v Garbutt, Milton

Leave to file pro se supplemental brief granted for the March 2004 Term, to which Term appeal adjourned.

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

M-4564     People v Campbell, Abraham

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

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

M-4545     People v Baker, Geraldine

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

Andrias, J.P., Ellerin, Williams, Lerner, Gonzalez, JJ.

M-4293     Lu v Ross

Notice of appeal deemed to be from judgment entered on or about July 25, 2003; leave to prosecute appeal as a poor person granted to the extent indicated.

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

M-4584
M-4833     Friedlander v New York City Transit Authority

Dismissal of appeals denied; plaintiff's perfected appeal deemed withdrawn. Appeals consolidated; time to perfect same is enlarged to the March 2004 Term, as indicated. Clerk directed to accept filing of consolidated appeals without further fee.

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

M-4788     Myers v Myers

Time to perfect appeal enlarged to the April 2004 Term.

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

M-4557     People ex rel. Burnell, Clarence v Superintendent

Writ of habeas corpus granted; matter transferred to Supreme Court, New York County, as indicated.

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

M-4151     People v Castillo, Nelson, also known as Ramirez, Orlando

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

Sullivan, J.P., Rosenberger, Lerner, Friedman, Marlow, JJ.

M-4431     People v Rodriguez, Carlos J.

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

Tom, J.

M-4859     People v Gardine, Wayne

Reargument denied.

Ellerin, J.

M-3538     People v Scott, Ralph

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-4654Frederick Arnold, admitted in 1981,
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-5113Sarah Lovell Taylor, admitted on 6-16-80,
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.