First Department Motions
THE FOLLOWING MOTION ORDERS WERE ENTERED AND FILED ON SEPTEMBER 23, 2003
Buckley, P.J., Nardelli, Tom, Mazzarelli, Andrias, JJ.

M-4118X     Adler v May Department Stores

Appeal and cross appeal withdrawn.

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

M-4018     People v Paniagua, Juan

Upon the Court's own motion, counsel assigned; poor person relief previously granted continued; time to perfect appeal enlarged to the February 2004 Term.

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

M-4019     People v Ramos, Alex

Upon the Court's own motion, counsel assigned; poor person relief previously granted continued; time to perfect appeal enlarged to the February 2004 Term.

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

M-4020     People v Anonymous

Upon the Court's own motion, counsel assigned; said appeal adjourned to the December 2003 Term.

Buckley, P.J., Nardelli, Rosenberger, Ellerin, JJ.

M-6793[2002]     People v Bruno, Domenick; Vignola, Vincent

Reargument denied.

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

M-3819     People v Assadourian, Joseph, also known as           Assadorin, Jose

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

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

M-4089     People v Arzu, Peter

Leave to file pro se supplemental brief granted for the January 2004 Term, to which Term appeal adjourned.

Nardelli, J.P., Saxe, Sullivan, Williams, JJ.

M-2928     Carnes Communications, Inc. v Dello Russo

Reargument or other relief denied.

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

M-3813     People v McCarthy, Edward

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

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

M-2877     In the Matter of D., Piery Vinette - - Episcopal Social Services

Leave to prosecute appeal as a poor person granted to the extent indicated. (See M-2877A, decided simultaneously herewith.)

Saxe, J.

M-2877A     In the Matter of D., Piery Vinette - - Episcopal Social Services

Stay denied, with leave to renew as indicated.      (See M-2877, decided simultaneously herewith.)

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

M-3834     Cohen v Klein

Dismissal of appeal denied.

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

M-3546     Johnson v Metro North Commuter Railroad
M-3869

M-3675     In the Matter of L., "Male", also known as L., David - Little Flower Children's Services

M-3725     In the Matter of G., Mosche Vandolis John, also known as G., Baby Boy - - The Salvation Army

M-3761     Tamari v Memorial Sloan Kettering Cancer Center Breast Examination Center of Harlem

Appeals dismissed.

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

M-3793     Alexander v New York City Transit Authority
(And a third-party action)

Appeal dismissed.

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

M-3808     In the Matter of O., Rasheen Karell; I., Mya Louise - - Seaman's Society for Children and Families

Appeal dismissed.

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

M-3737     Proficient Food Co., Inc. v Phoenix Partners, L.P.

Time to perfect appeals enlarged to the January 2004 Term.

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

M-3882     Anonymous v Anonymous

Time to perfect appeal enlarged to the January 2004 Term.

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

M-3948     Lincoln Place, LLC. v RVP Consulting, Inc.
(And a third-party action)

Time to perfect appeal enlarged to the January 2004 Term.

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

M-3528     Acevedo v City of New York

Time to perfect appeal enlarged to the February 2004 Term.

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

M-3651     Ten's Cabaret, Inc. v City of New York
M-3713     (And other actions)

Time to perfect consolidated appeals enlarged to the February 2004 Term.

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

M-3709     In the Matter of B., Garret

Time to perfect appeal enlarged to the February 2004 Term.

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

M-3916     Thomas v Abbondante
M-3917

Time to perfect appeal enlarged to the January 2004 Term; appeal dismissed unless perfected for said Term.

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

M-3522     In the Matter of B., Billy Bryant - - The Catholic Home Bureau

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

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

M-3552     Lopez v Halmar Construction Corp.
(And a third-party action)

Time to perfect appeal enlarged to the March 2004 Term.

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

M-3444     Santos v Fairwiew Realty, L.L.C.

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

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

M-3687     People v Perez, Miguel

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

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

M-3449     People v Adams, Sherman

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

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

M-3581     People v Dowdey, Jerrold

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

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

M-3648     People v Brewer, Eric

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

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

M-3814     People v Garcia, Samuel

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

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

M-3921     People v Gallardo, Jose

Moving papers deemed a timely filed notice of appeal.

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

M-3609     People v Downing, Anthony

Enlargement of record on appeal granted, as indicated.

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

M-3629     People v Salazar, Ricky

Notice of appeal amended, as indicated.

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

M-3792     People v Burns, Trevor

Counsel substituted.

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

M-3610     People v Seeley, Shelton, also known as Shelton, Seeley

Notice of appeal amended, as indicated.

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

M-3543     Kast Realty, LLC v Houston

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

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

M-3910     Klotz v Kang's Family Corporation

Leave to appeal from the Appellate Term and other relief denied.

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

M-3332     National Union Fire Insurance Co. of Pittsburgh, PA. - Ferrell & Meyers, Inc., doing business as Heavy D & The Boyz

Stay of trial denied.

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

M-3550     In the Matter of Inniss v Buller, Olympia, also known
M-3774     as Drago, Lee

Stay denied.

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

M-3567     Clark Construction Corp. v BLF Realty Holding Corp.

Stay denied.

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

M-3823     People v Weir, Richard

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

Andrias, J.P., Saxe, Sullivan, Rosenberger, Marlow, JJ.

M-3886     Lehman Brothers Holdings, Inc. v Liberty Warehouse LLC

Time to perfect appeal enlarged to the January 2004 Term.

Andrias, J.P., Saxe, Sullivan, Rosenberger, Marlow, JJ.

M-3984     In the Matter of C., Xavier Jamal - - Commissioner of the Department of Social Services for the City of New York

Time to perfect appeal enlarged to the January 2004 Term.

Andrias, J.P., Saxe, Sullivan, Ellerin, JJ.

M-2499     In the Matter of Fermin, Oswald, also known as Fermin-Rodriguez, Osvaldo de los Santos v New York State Department of Correctional Services' Commissioner Glenn S. Goord

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

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

M-4187     People v Blaine, Robert Lee

Leave to file pro se supplemental brief granted, as indicated.

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

M-4012     Val Floors, Inc./Willie, Webb & Washington v Sparrow Construction Corporation

Time to perfect appeal enlarged to the January 2004 Term.

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

M-4094     Rachel Bridge Corp. v Dishi

Time to perfect appeal enlarged to the January 2004 Term.

Sullivan, J.

M-788     People v Wells, Lionel

Leave to appeal to this Court denied.

Lerner, J.

M-3313     People v Dixon, Ray

Leave to appeal to this Court denied.

Lerner, J.

M-4051     People v Ruine, Paul

Leave to appeal to this Court 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-3753Richard Norman Eid, Jr., admitted on 4-17-89,
at a Term of the Appellate Division,
First Department

Respondent deemed a retired attorney, nunc pro tunc to October 20, 1998. No opinion. All concur.

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

M-3230In the Matter of the Application of
Norman I. Lida (admitted as Norman Irwin Lida)
a suspended attorney:

Application for reinstatement as an attorney and counselor-at-law in the State of New York granted only to the extent of referring this matter to a Hearing Panel for a Hearing and Report, as indicated. No opinion. All concur.

THE FOLLOWING ORDER WAS ENTERED AND FILED ON SEPTEMBER 17, 2003
Saxe, J.P., Sullivan, Williams, Lerner, Friedman, JJ.

M-3878     Eyssallem v Engel

Stay of trial granted.