First Department Motions

THE FOLLOWING MOTION ORDERS WERE ENTERED AND FILED ON OCTOBER 7, 2003

Buckley, P.J., Nardelli, Tom, Mazzarelli, Andrias, JJ. M-4319XGallo v USA Waste Management of N.Y. M-4348XNNA Restaurant Management LLC v Eshagian M-4361People v Lewis, Ronnie M-4377People v Pittman, Charles Appeals withdrawn.

Buckley, P.J., Nardelli, Tom, Mazzarelli, Andrias, JJ. M-4225ABP Corporation v 49-50 Associates Appeals and cross appeals, previously perfected for the October 2003 Term, withdrawn.

Buckley, P.J., Nardelli, Tom, Mazzarelli, Andrias, JJ. M-4381Abra Construction Corp. v Coppola Paving and Landscaping Corp. Appeal, previously perfected for the September 2003 Term, deemed withdrawn.

Buckley, P.J., Tom, Ellerin, Marlow, Gonzalez, JJ. M-4068Kim's 86 Grocery, Inc., t/a 86 Deli v Allcity Insurance Company (And a Third Party Action) Appeal deemed withdrawn.

Buckley, P.J., Nardelli, Tom, Mazzarelli, Andrias, JJ. M-4150People v Bailey, Rodney M-4152 Clanton, William M-4153 DeJesus, Ulysses M-4155 Garvin, Earl M-4156 Gomez, Felix M-4157 Gurly, Nathaniel M-4158 King, Ronald M-4159 Morrison, Hopeton, also known as Morris, Hopeton M-4161 Myers, Dorothy M-4162 Ocasio, Ruben M-4163 Parson, Kevin, also known as Parsons, Kevin M-4164 Sweeney, Joseph M-4174 Gibson, Derrick Leave to prosecute appeals as poor persons granted, as indicated.

Buckley, P.J., Tom, Ellerin, Marlow, Gonzalez, JJ. M-4149504 West 22nd Street Corporation v Shields Time to perfect consolidated appeals enlarged to the April 2004 Term.

Nardelli, J.P., Mazzarelli, Andrias, Ellerin, Marlow, JJ. M-4000People v Abbott, Irving Moving papers deemed a timely filed notice of appeal; leave to prosecute appeal as a poor person granted, as indicated.

Nardelli, J.P., Mazzarelli, Andrias, Saxe, Williams, JJ. M-4086People v Santos, Israel Moving papers deemed a timely filed notice of appeal; leave to prosecute appeal as a poor person granted, as indicated.

Nardelli, J.P., Mazzarelli, Andrias, Ellerin, Marlow, JJ. M-4003People v Vargas, Angel M-4004 Otero, Edilberto M-4006 Tolentino, Carlos M-4011 Ramos, Geronimo Notices of appeal deemed timely filed; leave to prosecute appeals as poor persons granted, as indicated.

Nardelli, J.P., Mazzarelli, Andrias, Ellerin, Marlow, JJ. M-3884People v Williams, Douglas Leave to prosecute appeal as a poor person granted, as indicated.

Nardelli, J.P., Mazzarelli, Andrias, Saxe, Williams, JJ. M-4064People v Rosario, Jimmy Notice of appeal amended, as indicated; poor person relief previously granted continued.

Nardelli, J.P., Mazzarelli, Andrias, Ellerin, Marlow, JJ. M-4087People v Ojeda, Onel, also known as Ojeda, O'Neil Notice of appeal amended; poor person relief previously granted continued; appeals consolidated, all as indicated.

Nardelli, J.P., Mazzarelli, Andrias, Saxe, Williams, JJ. M-4085People v Thomas, Benjamin Counsel substituted, as indicated.

Nardelli, J.P., Mazzarelli, Andrias, Ellerin, Marlow, JJ. M-4009People v Williams, Anthony Moving papers deemed a timely filed notice of appeal.

Tom, J.P., Andrias, Saxe, Ellerin, Friedman, JJ. M-3096In the Matter of J.F., Troy Trayshawn -Episcopal Social Services Moving papers deemed a timely filed notice of appeal from order entered on or about April 29, 2002. Leave to prosecute appeal as a poor person granted, as indicated. Leave to appeal from the order entered April 29, 2002, and other relief denied, with leave to renew, as indicated.

Tom, J.P., Sullivan, Rosenberger, Lerner, Friedman, JJ. M-4063People v Garcia, Luis, also known as Rosado, Carlos D. Notice of appeal amended, as indicated. Poor person relief previously granted continued.

Mazzarelli, J.P., Sullivan, Lerner, Marlow, Gonzalez, JJ. M-3608People v Ramos, Julio Notice of appeal deemed timely filed. Leave to prosecute appeal as a poor person denied, with leave to renew, as indicated.

Mazzarelli, J.P., Sullivan, Lerner, Marlow, Gonzalez, JJ. M-3588People v Lecorps, Evans, also known as Lecorps, Evans E. Leave to prosecute appeal as a poor person denied, with leave to renew, as indicated.

Mazzarelli, J.P., Sullivan, Lerner, Marlow, Gonzalez, JJ. M-3603People v Sangster, Fielden Notice of appeal deemed timely filed; leave to prosecute appeal as a poor person granted, as indicated.

Mazzarelli, J.P., Sullivan, Lerner, Marlow, Gonzalez, JJ. M-3607People v Kolvinsky, Kim Notice of appeal deemed timely filed; leave to prosecute appeal as a poor person denied, with leave to renew, as indicated.

Mazzarelli, J.P., Sullivan, Lerner, Marlow, Gonzalez, JJ. M-3672In the Matter of M., Joseph Leave to prosecute appeal as a poor person granted to the extent indicated.

Mazzarelli, J.P., Sullivan, Lerner, Marlow, Gonzalez, JJ. M-3881Bentley, as Guardian for Sally Wright under NYMHL Article 8l v Unitedhealthcare of New York, Inc., doing business as "Evercare" Leave to prosecute appeal as a poor person and for related relief denied, with leave to renew, as indicated.

Mazzarelli, J.P., Andrias, Friedman, Marlow, Gonzalez, JJ. M-3620In the Matter of Samuel v Goodman Leave to provide certain documents and other relief denied.

Mazzarelli, J.P., Sullivan, Lerner, Marlow, Gonzalez, JJ. M-3661Marren v Nathan M-3924(And Another Action) Appeal adjourned to the December 2003 Term, as indicated. Defendant-respondent permitted to annex certain documents to respondent's brief. Motion and cross motion otherwise denied.

Andrias, J.P., Ellerin, Williams, Lerner, Gonzalez, JJ. M-4350Smith v Girolamo M-4414 Stay denied. Dismissal of appeal denied.

Saxe, J.P., Sullivan, Williams, Lerner, Friedman, JJ. M-3951Irizarry v 15 Mosholu Four, LLC Time to perfect appeal enlarged to the June 2004 Term.

Ellerin, J.P., Williams, Lerner, Friedman, Gonzalez, JJ. M-3859Kouimanis v Getty Gas Station (And a Third Party Action) Dismissal of appeal 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-4318Stephen Samuel Strick, admitted 10-6-75, at a Term of the Appellate Division, First Department Motion to have reinstatement effective January 8, 2002 made effective nunc pro tunc to May 6, 1999 denied.

Nardelli, J.P., Sullivan, Ellerin, Lerner, Gonzalez, JJ. M-3602In the Matter of the Application of Colin A. Moore, a suspended attorney: Reargument and/or leave to appeal to the Court of Appeals denied. No opinion. All concur.

Mazzarelli, J.P., Sullivan, Lerner, Marlow, Gonzalez, JJ. M-3502In the Matter of Ronald Richard, an attorney and counselor-at-law: Respondent's name stricken from the roll of attorneys and counselors-at-law in the State of New York, effective the date hereof, until such time as disciplinary matters pending before the Committee have been concluded and until further order of this Court. Opinion Per Curiam. All concur.

THE FOLLOWING ORDERS WERE ENTERED AND FILED ON OCTOBER 2, 2003

Buckley, P.J., Tom, Ellerin, Marlow, Gonzalez, JJ. M-4055Licht v Trans Care N.Y., Inc. (And a Third Party Action) Appeal adjourned to the December 2003 Term, as indicated; Clerk directed to calendar appeal for hearing during said Term; motion otherwise denied.

Nardelli, J.P., Mazzarelli, Andrias, Ellerin, Marlow, JJ. M-4176Lee v Stunt Sportswear USA, Inc.; M-4227Stunt Sportswear USA Inc. v Lee Leave to file supplemental record on appeal granted, as indicated; appeals adjourned to the December 2003 Term; Clerk directed to calendar appeals for hearing together; sanctions denied.

Nardelli, J.P., Rosenberger, Williams, Marlow, Gonzalez, JJ. M-2995In the Matter of Welltech Inc. v National Union Fire Insurance Company of Pittsburgh, PA Leave to appeal to this Court denied.

Nardelli, J.P., Mazzarelli, Andrias, Marlow, Gonzalez, JJ. M-4340Rose v Associated Universities, Inc. Leave to file a supplemental appendix denied.

Andrias, J.P., Saxe, Sullivan, Rosenberger, Marlow, JJ. M-3932In the Matter of Datasafe, Inc. -- American Express Company Expedited hearing and appeal denied; matter referred to appeal bench for disposition with respect to production of certain documents.