First Department Motions
THE FOLLOWING MOTION ORDERS WERE ENTERED AND FILED ON NOVEMBER 20, 2003
Buckley, P.J., Nardelli, Mazzarelli, Ellerin, Lerner, JJ.

M-4154Accounting of Horowitz Berger v Horowitz

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

Buckley, P.J., Andrias, Lerner, Marlow, Gonzalez, JJ.

M-4418     Roberts v Beth Israel Medical Center
M-4668
Appeal dismissed; enlargement of time to perfect appeal and other relief denied.

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

M-3868     Drakeford v The City of New York

Leave to prosecute appeal as a poor person granted to the extent indicated; time to perfect appeal enlarged to the March 2004 Term.

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

M-4593     People v Cabrera, Osualdo

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

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

M-4092     Schubert v Schubert

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

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

M-4073     People v Lizardo, Fidel

Appeal dismissed.

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

M-4759     People v Rosario, Julio

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

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

M-4632     People v Urtado, Jefri
M-5075
Moving papers deemed a timely filed notice of appeal; leave to prosecute appeal as a poor person granted, as indicated.

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

M-4860     People ex rel. Wingate, Blake v Warden

Correspondence dated August 21, 2003 deemed a timely notice of appeal; leave to prosecute appeal as a poor person granted to the extent indicated.

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

M-3787     Meisels v 1295 Union Equities Corp.

Reargument or other relief denied, as indicated.

Nardelli, J.P., Mazzarelli, Rosenberger, Ellerin, Gonzalez, JJ.

M-4651     In re Bon v Safir

Leave to appeal to the Court of Appeals denied.

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

M-4469     Fleming v Giuliani

Leave to appeal to the Court of Appeals denied.

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

M-3455     Genevit Creations, Inc. v Gueits Adams & Company

Reargument or other relief denied, as indicated.

Nardelli, J.P., Mazzarelli, Rosenberger, Lerner, Friedman, JJ.

M-5198     DDS Partners, LLC v Celenza

Stay denied.

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

M-4783     Escobar v Allen

Appeals consolidated; appellant directed to immediately supplement record on appeal and correct table of contents, as indicated.
Nardelli, J.P., Mazzarelli, Rosenberger, Lerner, Friedman, JJ.

M-5062     In the Matter of Diamond Waterproofing Co., Inc.
v 55 Liberty Owners Corp.

Time to perfect appeal from the order entered on or about July 31, 2003 (Index No. 103006/03) enlarged to the February 2004 Term, as indicated; motion otherwise denied.

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

M-4644     In the Matter of G., Phylicia Commissioner of
the Administration for Children's Services of
the City of New York

Appeal dismissed.

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

M-4684     People v Delacruz, Manuel

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

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

M-4645     People v Dolberry, Andre

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

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

M-4646     People v Taylor, Donald

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

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

M-4685     People v Wisher, Alfred

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, Ellerin, Friedman, JJ.

M-2943A     In the Matter of G., Angel Shante;
G., Christia Brittany; and G., Robin Jamaal
New York Foundling Hospital

Upon the Court's own motion, counsel assigned. (See this Court's order, entered on August 21, 2003 [M-2943], granting leave to prosecute appeal as a poor person.)

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

M-4509     People v Felix, Enemencio, also known
as Enemencio, Felix

Enlargement of time to file notice of appeal and other relief denied.

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

M-3722     Brown v Manhattan and Bronx Surface
Transit Operating Authority Pagan

Leave to appeal to the Court of Appeals denied.

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

M-3534     WPA/Partners LLC v Port Imperial Ferry Corp.

CPLR 5704 relief granted; cure periods in notices of default dated July 18, 2003 tolled nunc pro tunc to July 23, 2003, as indicated.

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

M-4613     Hass & Gottlieb v Lee

Appeals consolidated; stay granted upon terms and conditions of the order of a Justice of this Court dated
October 2, 2003, and upon condition consolidated appeals perfected for the March 2004 Term, as indicated.

Mazzarelli, J.P., Saxe, Williams, Lerner, Marlow, JJ.

M-5026     Simons v Ross

Dismissal of appeal and other relief denied, without prejudice to addressing issues on appeal.

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

M-4534     The Cadle Company v Biberaj

Reargument or other relief denied.

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

M-4394     Ellis v Epstein

Leave to appeal from the Appellate Term denied; interim relief granted by order of a Justice of this Court, dated September 22, 2003, vacated.

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

M-4628     In the Matter of L., Roque, Jr. v L., Nancy

Motion deemed withdrawn.

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

M-4686     People v Murray, Alan

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

Andrias, J.P., Sullivan, Rosenberger, Williams, JJ.

M-2804     People v Codrington, Roger

Writ of error coram nobis denied.

Andrias, J.P., Saxe, Ellerin, Lerner, Friedman, JJ.

M-3480     Mann v The Cooper Tire Company
(And another action)

Leave to appeal to the Court of Appeals denied.

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

M-3929     In the Matter of P., William Commissioner of
Social Services of the City of New York

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

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

M-6164B     In the Matter of C., Jordane John
Cardinal McCloskey Services

Upon the Court's own motion, counsel assigned. (See this Court's order, entered on January 28, 2003 [M-6164], granting leave to prosecute appeal as a poor person.)

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

M-4533     Kahn v Oshin-Kahn

Time to perfect appeal enlarged to the March 2004 Term.

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

M-4773     Capable v Flanagan

Time to perfect appeal enlarged to the March 2004 Term.

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

M-4917     DeRosario v New York City Health and
Hospitals Corporation

Time to perfect appeal enlarged to the March 2004 Term.

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

M-4736     Clarke v Union Hospital of the Bronx
M-4891
Appeal and cross appeal consolidated; time to perfect same enlarged to the March 2004 Term, as indicated.

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

M-5018     Cushman & Wakefield of New York, Inc.
v Travelers Insurance Company
(And other actions)

Time to perfect appeals and cross appeal enlarged to the April 2004 Term, as indicated.

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

M-4895     Hyundai Corporation v The Republic of Iraq

Time to perfect appeal enlarged to the June 2004 Term.

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

M-4530     O'Brien v Omar

Time to perfect appeal enlarged to the June 2004 Term.

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

M-4589     Figueroa v 1900 Belmont Avenue, LLP

Leave to withdraw as attorneys granted; appeals consolidated; time to perfect same enlarged to the April 2004 Term.

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

M-3201     In re City of Newark v Law Department of
the City of New York Deloitte & Touche LLP

Reargument or other relief denied.

Gonzalez, J.

M-4203     People v Armatullo, Anthony, also known as
Bonnano, Michael

Leave to appeal to this Court denied.

Gonzalez, J.

M-3576     People v Serrano, Felipe

Leave to appeal to this Court denied.

The following order was entered and filed on November 18, 2003
Buckley, P.J., Tom, Ellerin, Gonzalez, JJ.

M-4785     People ex rel. Davis, Sylvester v Warden;
People v Davis, Sylvester

Leave to preclude respondent from filing respondent's brief denied.