First Department Motions
THE FOLLOWING MOTION ORDERS WERE ENTERED AND FILED ON OCTOBER 20, 2005
Buckley, P.J., Tom, Mazzarelli, Andrias, Saxe, JJ.

M-5566     Miller v APT Taxi, Inc.

Appeal, previously perfected for the October 2005 Term, withdrawn.

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

M-5553     Warfel v Wellness Medical Associates

Appeal, previously perfected for the November 2005 Term, withdrawn.

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

M-5502     Braun Associates, LLC v Madison Third
Building Companies, LLC
(And a third-party action)

Appeal, previously perfected for the December 2005 Term, withdrawn.

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

M-5306     People v Bobbit, Rodney

M-5307           Cepeda, Romulo

M-5308           Colon, Diomedes

M-5310           Colon, Moises

Leave to prosecute appeals as poor persons granted, as indicated.
Buckley, P.J., Tom, Mazzarelli, Andrias, Saxe, JJ.

M-5311     People v Cortes, Miguel, also known as
Cortes, Miguel A.

M-5312           Davis, Robert

M-5314           Gantt, Thomas

M-5315           Gatling, Michael

M-5316           Hooper, Gregory

M-5317           Johnson, Kevin

M-5318           Paulino, Noriega, also known as
Paulino, Sixto

M-5319           Pinkston, Melvin

M-5327           Rincon, Hector, also known as Ricon, Hector

M-5329           Rivera, Angel

M-5332           Rodriguez, Pedro

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

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

M-4717     People v Costas, Ruppi

Leave to prosecute appeal as a poor person 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., Tom, Mazzarelli, Friedman, Sullivan, JJ.

M-5109     Intertrade Internationale, Ltd. v Maldonado

Stay denied.

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

M-5106     Kitsais v Trustees of Columbia University in the City
of New York, sued herein as Columbia University Dental
Oral Surgery

Renewal denied.

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

M-5341     People v Freeman, Rodney

Counsel substituted.

Tom, J.P., Andrias, Sullivan, Gonzalez, Malone, JJ.

M-3925     In the Matter of Carpinello v G., Juan

Dismissal of appeal denied, without prejudice to issue being addressed in respondent's brief.

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

M-5240     People v Thomas, Kevin

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

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

M-5026     People v Branch, Terry

Leave to file pro se supplemental brief granted for the January 2006 Term, to which Term appeal adjourned, as indicated.

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

M-5036     People v Castillo, Ruth

Moving papers deemed a timely filed notice of appeal.

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

M-5055     People v Dominguez, Hipolito

Moving papers deemed a timely filed notice of appeal.

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

M-5053     Escourse v The City of New York
(And a third-party action)

Time to perfect appeal enlarged to the February 2006 Term.

Tom, J.P., Andrias, Sullivan, Gonzalez, Malone, JJ.

M-5105     In the Matter of H., Chanyah
The Children's Aid Society

Time to perfect appeal enlarged to the February 2006 Term; transcription of minutes directed.

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

M-5077     Estate of Vitale v Evenquest, Inc.

Leave to strike certain portions of record on appeal and appellant's brief granted, as indicated; perfected appeal adjourned to the January 2006 Term; stay granted by order of this Court entered September 15, 2005 (M-4686) continued; motion otherwise denied.

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

M-5061     People v De La Rosa, Francisco, also known as
De La Rosa, Francis

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

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

M-4971     People v Rivera, Isabelle, also known as
Rivera, Isabel

Time to perfect appeal enlarged to the February 2006 Term.

Andrias, J.P., Saxe, Friedman, Nardelli, Malone, JJ.

M-5396     In the Matter of Caruso v Wetzel

Appeal adjourned to the January 2006 Term.

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

M-5016     Climes v DHPD Office of Housing Operation

Stay denied; appeal dismissed, without prejudice to further proceedings in Supreme Court; interim relief granted by order of a Justice of this Court, dated September 30, 2005, vacated.

Saxe, J.P., Ellerin, Williams, Catterson, Malone, JJ.

M-5084     Perez v New York City Transit Authority

Appeal deemed withdrawn.

Saxe, J.P., Nardelli, Williams, Gonzalez, Catterson, JJ.

M-4839     In the Matter of N., Drew-Clarence Tonai, also known as
M-5153N., Drew Edwin Gould Services for Children and
Families

Reinstatement of appeal and other relief denied.

Saxe, J.P., Ellerin, Williams, Catterson, Malone, JJ.

M-5276     People v Dawkins, Lawrence

Time to perfect appeal enlarged to the February 2006 Term.

Marlow, J.P., Ellerin, Williams, Catterson, McGuire, JJ.

M-4943     Wyser-Pratte Management Co., Inc. v Babcock Borsig AG

Appeal as against defendant Babcock Borsig AG withdrawn; appeal as against defendant Klaus Lederer, et al. remains extant.

Marlow, J.P., Ellerin, Williams, Catterson, McGuire, JJ.

M-4972     People v Lopez, Jason

Notice of appeal and order of assignment amended, as indicated; transcription of minutes directed.

Marlow, J.P., Ellerin, Williams, Catterson, McGuire, JJ.

M-5059     People v Arana, Luis, also known as Franco, Fernando

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

Marlow, J.P., Ellerin, Williams, Catterson, McGuire, JJ.

M-5062     People v Reynolds, Barrington

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

Marlow, J.P., Ellerin, Williams, Catterson, McGuire, JJ.

M-5015     People ex rel. Joyner, Eric v Warden

Writ of habeas corpus issued; matter transferred to Supreme Court, New York County, as indicated; motion otherwise denied.

Marlow, J.P., Ellerin, Williams, Catterson, McGuire, JJ.

M-5009     People v White, Sean

Leave to file pro se supplemental brief granted for the February 2006 Term, to which Term appeal adjourned, as indicated.

Marlow, J.P., Ellerin, Williams, Catterson, McGuire, JJ.

M-5008     People v White, Glenn

Leave to file pro se supplemental brief granted for the February 2006 Term, to which Term appeal adjourned, as indicated.

Friedman, J.

M-3768     People v Walton, Andre

Leave to appeal to this Court denied; poor person relief and assignment of counsel denied, as indicated.

Ellerin, J.

M-1945     People v Caba, Ramon

Leave to appeal to this Court denied; poor person relief denied, as indicated.

Williams, J.

M-4952     People v Morales, Harry

Leave to appeal to this Court denied.

Ellerin, J.P., Nardelli, Williams, Gonzalez, Sweeny, JJ.

M-708     In the Matter of Dmitry Shubov,
M-1103     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 nunc pro tunc to October 1, 2004. Opinion Per Curiam. All concur.

The following orders were entered and filed on October 18, 2005:
Buckley, P.J., Saxe, Marlow, Ellerin, Williams, JJ.

M-5299     Addison v Hall

Stay of trial denied.

Marlow, J.P., Ellerin, Williams, Catterson, McGuire, JJ.

M-4878     Torbochkina v New York Life Insurance and Annuity Corporation, doing business as New York Life Insurance Company

Time to perfect appeal enlarged to the January 2006 Term.