First Department Motions
THE FOLLOWING MOTION ORDERS WERE ENTERED AND FILED ON SEPTEMBER 23, 2004
Buckley, P.J., Nardelli, Tom, Mazzarelli, Andrias, JJ.

M-3828X     Lattimor v New York City Housing Authority

Appeal withdrawn.

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

M-3996X     Walker v Rome Construction Corporation

Appeal withdrawn.

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

M-3673     People v Castillo, Luis

M-3675           Cochrane, Josephine

M-3676           Dukuray, Mahamadou, also known as
                Dukurey, Mahamadou, also known as
Dukrey, Mahamadou

M-3677           Gonzalez, Eusibio, also known as
                Zauza, Eusebio Gonzalez

M-3678           Harris, Reginald

M-3679           Maisonet, Michael

M-3680           Mohamed, Chris, also known as Mohammed,
                Chris

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

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

M-3681     People v Molina, Harvey

M-3683           Padilla, Alexsis, also known as Padilla,
                Alexis

M-3684           Paulino, Henry

M-3685           Pi�a, Oscar

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

Buckley, P.J., Nardelli, Saxe, Marlow, JJ.

M-3258     People v Tinnin, Thomas

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

Buckley, P.J., Tom, Saxe, Sullivan, Ellerin, JJ.

M-3186     Sonny Boy Realty, Inc. v The City of New York

Reargument denied; leave to appeal to the Court of Appeals granted, as indicated.

Buckley, P.J., Lerner, Friedman, Sweeny, Catterson, JJ.

M-3817     People v Lineberger, Jerry

Leave to file pro se supplemental brief denied.

Buckley, P.J., Lerner, Friedman, Sweeny, Catterson, JJ.

M-2344     Gallea v Shopwell, Inc.

Stay denied; interim relief granted by order of a Justice of this Court, dated May 18, 2004, vacated.

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

M-3723     People v Lopez, Juan

Notice of appeal and order of assignment amended,
as indicated.

Tom, J.P, Ellerin, Lerner, Marlow, JJ.

M-3582     People v Smith, Karl, also known as Smith, Carl

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

Mazzarelli, J.P., Andrias, Saxe, Friedman, Catterson, JJ.

M-2865     In the Matter of M., Rigoberto and M., Emmanuel

Time to perfect appeal enlarged to the January 2005 Term; completion of reconstruction hearing directed in compliance with the prior order of this Court entered December 9, 2003
(M-5046).

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

M-3728     People v Levites, Roman

Counsel assigned; poor person relief extended to cover direct appeal, as indicated.

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

M-3756     People v Romano, Anthony

Appeal deemed withdrawn.

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

M-3643     People v Aquizar, Roberto, also known as Mejia,
Roberto

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

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

M-3674     People v Chin, Alan

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

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

M-3565     People v Reyes, Cecilio, also known as Varela,
Reggie

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

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

M-3569     People v Wilburn, Hakimin, also known as Wilburn,
Hakim

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

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

M-3543     People v Crawford, Guy

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

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

M-3411     In the Matter of B., Garret

Assigned counsel relieved; appeal dismissed.

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

M-2294
M-3640     People v Yeje, Oliver, also known as Ramirez,
Oliver

Leave to file a late notice of appeal denied; appeal dismissed.

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

M-3634     People v Lopez, Ulbano

Reinstatement of appeal denied.

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

M-3477     People v Ingram, Monique

M-3518           Rosario, Jose

M-3719           Green, Anthony

M-3474       Jennings, Kevin

Leave to file pro se supplemental briefs granted for the February 2005 Term, to which Term appeals adjourned, as indicated.

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

M-3479      In the Matter of Scott v Kelly

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

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

M-3610     People v Paulino, Ivan

Enlargement of time to file notice of appeal denied.

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

M-3535     Kapitanova v Rafaeli

Time to perfect appeal enlarged to the February 2005 Term, as indicated.

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

M-3638     McGarr v The Guardian Life Insurance Company of America

Appeals consolidated; time to perfect same enlarged
to the January 2005 Term.

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

M-3598     Dorel Steel Erection Corp. v Seaboard Surety Company
and Sea Crest Construction Corp.

Time to perfect respective appeals enlarged to the January 2005 Term, as indicated.

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

M-3578     One Gateway Plaza LLC v Metropolitan Transportation Authority

Time to perfect appeal enlarged to the March 2005 Term.

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

M-3614     In the Matter of G., Andy

M-3709     Summers v The Port Authority of New York and New Jersey and Sehera Enterprises, Inc.

M-3575     Bell v New York City Transit Authority

M-3687     Vasquez v BTRAC Leasing Corp.

Time to perfect appeals enlarged to the January 2005 Term.

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

M-2985     Williams v Trust for Public Land-NY, Inc.

Leave to prosecute appeal as a poor person denied.

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

M-3757     People v Petty, William

Enlargement of record on appeal granted, as indicated; appeal adjourned to the December 2004 Term.

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

M-3600     White v 2207 7th Ave. Restaurant Corp.

Stay of all proceedings denied.

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

M-3594     In the Matter of Frontier Insurance Company - Callon Petroleum Co. v Superintendent of Insurance of the State of New York

Time to perfect appeal enlarged to the February 2005 Term, as indicated.

Gonzalez, J.

M-1892     People v Woolridge, Keith

Leave to appeal to this Court granted.

Catterson, J.

M-3159     People v Myers, Christopher

Leave to appeal to this Court denied.

Buckley, P.J., Tom, Sullivan, Lerner, Gonzalez, JJ.

M-3302     In the Matter of John H. Teschner,
(admitted as John Hugh Teschner)
an attorney and counselor-at-law:

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, Saxe, Ellerin, Williams, JJ.

In the Matter of Attorneys Who Are in Violation
of Judiciary Law Section 468-a:

M-3602Joanne Geller, admitted on July 22, 1987,
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.

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

M-3667     In the Matter of Scott L. Wiss,
(admitted as Scott Lawrence Wiss)
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.

The following orders were entered and filed on September 21, 2004
Nardelli, J.P., Andrias, Ellerin, Gonzalez, Catterson, JJ.

M-3162
M-3809     Blonder & Co., Inc. v Citibank, N.A.

Dismissal of appeal and other relief denied; enlargement of record on appeal denied, all as indicated.

Nardelli, J.P., Mazzarelli, Saxe, Ellerin, Lerner, JJ.

M-3595     Spages v Gary Null Associates, Inc.

Appeal and cross appeal adjourned to the December 2004 Term.

Tom, J.P., Williams, Friedman, Marlow, Sweeny, JJ.

M-4008 Hassan v Bellmarc Property Management Services, Inc.

Stay of trial granted.