First Department Motions
THE FOLLOWING MOTION ORDERS WERE ENTERED AND FILED ON SEPTEMBER 11, 2003
Buckley, P.J., Nardelli, Tom, Mazzarelli, Andrias, JJ.

M-3597X     Rivera v Barcene

M-3598X     In Re: New York City Asbestos Litigation
Stanley v Consolidated Edison Company of New York

M-3601X     Prudential Securities Credit Corp.
v Teevee Toons, Inc.

M-3644X     Siemens Financial Services GMBH
v Mexicana De Cobre, S.A. De C.V.

M-3645X     S.J. Electric, Inc. v Davis Construction Company, Inc.

M-3646X     Simon v Manhattan Nursing Home Realty, Inc.
(And other actions)

M-3721X     Marron v Maestro Restaurant

M-3755     People v Reid, Karen

M-3852     People v Wyth, Austin

M-3764X     Trinidad v Lantigua

M-3801X     At Last Sportswear, Inc. v Holloway
(And a third-party action)

M-3828X     Szmygiel v Szmygiel

M-3867     People v Hutchinson, Nathaniel

M-3880     People v Fabian, Joseph

Appeals withdrawn.

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

M-3877X     Perini/O&G II, a Joint Venture
v Keystone Construction Corporation

Appeal and cross appeal withdrawn.

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

M-3667     Pinkston v Manhattan and Bronx Surface
Transit Operating Authority

M-3752     875 West 181 Owners Corp. v The City of New York

M-3797X     Pesin v Pitu

M-3804     Burwell v Jenkins

M-3845     Kaminsky v FSP Incorporated

Appeals, previously perfected for the September 2003 Term, withdrawn.

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

M-3835     Schulere v Century Condominium
(And a third-party action)

Appeal and cross appeal, previously perfected for the September 2003 Term, withdrawn.

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

M-2136     Rusabo 610 LLC v Compass Parking Corp.
M-3720X
Motion and appeals, previously perfected for the September 2003 Term, withdrawn.

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

M-2814     People v Martinez, Antonio

Enlargement of time to perfect appeal and other relief denied.

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

M-3481     Lu v Conlon

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

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

M-3288     Negron v Metro Women's Center, Inc.
(And other actions)

Leave to prosecute appeals as poor persons and other relief denied.

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

M-3121     Gershon v Gershon
M-3647
Motion for a stay and other relief dismissed, as indicated; imposition of attorney's fees and other relief denied.

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

M-3188     People v Royster, Gary

Notice of appeal and order of assignment amended, as indicated. (See M-3184, decided simultaneously herewith.)

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

M-3184     People v Royster, Gary

Moving papers deemed a timely filed notice of appeal; leave to prosecute appeal as a poor person granted, as indicated. (See M-3188, decided simultaneously herewith.)

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

M-3253     Brustowsky v Herbst

Stay granted on condition appeal properly perfected for the January 2004 Term, as indicated; motion otherwise denied.

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

M-3138     People v Garcia, Margaret

Enlargement of record on appeal denied.

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

M-2662     People v Carrion, Carlos

Writ of error coram nobis denied.

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

M-3245     Leontios v Arzanipour Kaplan

Stay enjoining disposition of proceeds to plaintiff granted on condition appeal perfected for the January 2004 Term, as indicated.

Mazzarelli, J.P., Sullivan, Lerner, Marlow, Gonzalez, JJ.

M-3486     Parker v Murkofsky

Appeal deemed withdrawn.

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

M-2241     People ex rel. Turner, Calvin v Soloff

Writ of habeas corpus and/or other relief denied; proceeding dismissed, as indicated.

Mazzarelli, J.P., Sullivan, Lerner, Marlow, Gonzalez, JJ.

M-3431     People v Suggs, Kevin

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

Mazzarelli, J.P., Sullivan, Lerner, Marlow, Gonzalez, JJ.

M-3560     People v Coriano, Isaac

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

Mazzarelli, J.P., Sullivan, Lerner, Marlow, Gonzalez, JJ.

M-3569     People v Green, Jesse

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

Mazzarelli, J.P., Sullivan, Lerner, Marlow, Gonzalez, JJ.

M-3080     In the Matter of Rodriguez v Johnson

Leave to prosecute appeal as a poor person granted to the extent indicated; assignment of counsel denied.

Mazzarelli, J.P., Sullivan, Lerner, Marlow, Gonzalez, JJ.

M-3417     People v Gajadhar, Winston

M-3420           Jones, Maitland, also known as Jones, Meitland

M-3421           Lopez, Nelson

M-3425           Ramos, Albert

M-3427           Moracen, Raul, also known as Morales, Raul

M-3429           Sepulveda, Arcelio

Leave to prosecute appeals as poor persons denied, with leave to renew, as indicated.

Mazzarelli, J.P., Sullivan, Lerner, Marlow, Gonzalez, JJ.

M-3523     In the Matter of P., Claudette; P., Victoria
and P., Vincent Administration for Children's
Services

Leave to prosecute appeal as a poor person denied, with leave to renew, as indicated. (See M-3524, decided simultaneously herewith.)

Mazzarelli, J.P., Sullivan, Lerner, Marlow, Gonzalez, JJ.

M-3524     In the Matter of P., Claudette; P., Victoria
and P., Vincent Administration for Children's
Services

Leave to prosecute appeal as a poor person denied, with leave to renew, as indicated. (See M-3523, decided simultaneously herewith.)

Mazzarelli, J.P., Sullivan, Lerner, Marlow, Gonzalez, JJ.

M-3443     In the Matter of R., Elijah and R., Vanessa
M-3445 Administration for Children's Services

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

Mazzarelli, J.P., Sullivan, Lerner, Marlow, Gonzalez, JJ.

M-3707     In the Matter of J., Qasim Jamel, also known as
J., Quasim Jamel St. Vincent's Services, Inc.

Time to perfect appeal enlarged to the January 2004 Term.

Mazzarelli, J.P., Sullivan, Marlow, Gonzalez, JJ.

M-3467     Jiminez v The City of New York

Time to perfect appeal enlarged to the January 2004 Term.

Mazzarelli, J.P., Sullivan, Lerner, Marlow, Gonzalez, JJ.

M-3563     In the Matter of Jones v New York City
Health and Hospitals Corporation

Time to perfect appeal enlarged to the January 2004 Term, as indicated.

Mazzarelli, J.P., Sullivan, Lerner, Marlow, Gonzalez, JJ.

M-3535     In the Matter of Gentile v The City of New York

Time to perfect appeal enlarged to the February 2004 Term.

Mazzarelli, J.P., Sullivan, Lerner, Marlow, Gonzalez, JJ.

M-3511     In the Matter of G., Angel, also known as G., Angel
Luis, also known as D., Garcia, also known as
D., Angel Saint Dominic's Home

Time to perfect appeal enlarged to the January 2004 Term; transcription of minutes directed.

Mazzarelli, J.P., Sullivan, Lerner, Marlow, Gonzalez, JJ.

M-3531     In the Matter of D., Hamo
Louise Wise Services

Time to perfect appeal enlarged to the January 2004 Term; transcription of minutes directed.

Mazzarelli, J.P., Sullivan, Lerner, Marlow, Gonzalez, JJ.

M-3513     In the Matter of DeP., Alberto
Administration for Children's Services

Time to perfect appeal enlarged to the January 2004 Term; transcription of minutes directed.

Mazzarelli, J.P., Sullivan, Lerner, Marlow, Gonzalez, JJ.

M-3630     Probber v Yousef

Time to perfect appeal enlarged to the December 2003 Term; appeal dismissed unless perfected for said Term.

Mazzarelli, J.P., Sullivan, Lerner, Marlow, Gonzalez, JJ.

M-3500     In the Matter of H., Kwesi; H., Menelik and
H., Judinyah Administration for Children's Services

Appeals consolidated; time to perfect same enlarged to the January 2004 Term; transcription of minutes directed, all as indicated.

Mazzarelli, J.P., Sullivan, Lerner, Marlow, Gonzalez, JJ.

M-3703     Hass & Gottlieb v Lee

Stay denied.

Mazzarelli, J.P., Sullivan, Lerner, Marlow, Gonzalez, JJ.

M-3450     Santiago v 679 Waring Avenue, LLC

Stay of trial granted on condition appeal perfected for the January 2004 Term, as indicated.

Mazzarelli, J.P., Sullivan, Lerner, Marlow, Gonzalez, JJ.

M-3693[02]TSI West 14, Inc. v Samson Associates, LLC

Preliminary appellate injunction granted on condition appeal perfected for the January 2004 Term, as indicated.

Mazzarelli, J.P., Sullivan, Lerner, Marlow, Gonzalez, JJ.

M-3558     Anonymous v Anonymous

CPLR 5704(a) relief denied, without prejudice to defendant proceeding by way of notice of motion in Supreme Court.

Mazzarelli, J.P., Sullivan, Marlow, Gonzalez, JJ.

M-3564     Pisacreta v The Durst Organization, Inc.

Stay denied.

Mazzarelli, J.P., Sullivan, Lerner, Marlow, Gonzalez, JJ.

M-3565     In the Matter of W., Kaseem and W., Rodney, Jr.
In the Matter of W., Rodney v Commissioner of
the Administration for Children's Services of the
City of New York

Time to perfect appeal enlarged to the January 2004 Term and transcription of minutes directed, all as indicated.

Mazzarelli, J.P., Sullivan, Lerner, Marlow, Gonzalez, JJ.

M-3612     Curkin v Curkin
M-3745
Stay and other relief denied; dismissal of appeal or alternative relief denied; interim relief granted by order of a Justice of this Court, dated July 25, 2003, vacated.

Mazzarelli, J.P., Sullivan, Lerner, Marlow, Gonzalez, JJ.

M-3555     Torres v West Street Realty Company; West
Street Realty Company v Tobin Home Fashions, Inc.

Leave to rely on record filed by third-party plaintiffs-appellants granted on condition third-party defendant-appellant files its brief for the October 2003 Term, to which Term appeal adjourned, corrects cover sheets on record and brief and pays half the costs of production of record, all as indicated; Clerk directed to calendar appeals for hearing together in last week of said Term.

Mazzarelli, J.

M-3870     In the Matter of S., Ira v S., Lauren;
In the Matter of S., Max and S., Fay S., Lauren

Stay denied.

Buckley, P.J., Rosenberger, Lerner, Friedman, Gonzalez, JJ.

M-3328In the Matter of Nathan Dembin,
a suspended attorney:

Stay of suspension granted until further order of this Court.

Buckley, P.J., Nardelli, Mazzarelli, Sullivan, Gonzalez, JJ.

M-3222In the Matter of Michael G. Paul,
(admitted as Michael Gene Paul)
a suspended attorney:

Petitioner reinstated as an attorney and counselor-at-law in the State of New York, effective the date hereof. No opinion. All concur.

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

M-3494In the Matter of Stanley A. Schutzman,
a suspended attorney:

Petitioner 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, Rosenberger, Williams, Friedman, JJ.

M-2550In the Matter of the Application of
M-3227Joseph N. Barnes,
(admitted as Joseph Nathan Barnes)
a suspended attorney:

Reinstatement denied.

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

M-2732In the Matter of Arthur H. Kroll,
a disbarred attorney:

Reinstatement denied.

The following orders were entered and filed on September 4, 2003
Buckley, P.J., Nardelli, Andrias, Sullivan, Friedman, JJ.

M-1086A     Decolator, Cohen & DiPrisco, LLP. v
Lysaght, Lysaght & Kramer, P.C.

Leave to appeal to the Court of Appeals deemed withdrawn; reargument denied; the order of this Court entered on August 28, 2003 (M-1086), recalled and vacated.

Mazzarelli, J.P., Sullivan, Lerner, Marlow, Gonzalez, JJ.

M-3866     Rosen v Hanrahan

Appeals consolidated; appellant directed to perfect same for the December 2003 Term, as indicated.

Mazzarelli, J.P., Sullivan, Lerner, Marlow, Gonzalez, JJ.

M-3404     In the Matter of Frey v ABC News, Inc.

Time to perfect appeal enlarged to the December 2003 Term; motion otherwise denied.

Mazzarelli, J.P., Sullivan, Lerner, Marlow, Gonzalez, JJ.

M-3836     In the Matter of Kinard v The New York City
Housing Authority

Enlargement of time to perfect proceeding and other relief denied; proceeding dismissed.