First Department Motions
THE FOLLOWING MOTION ORDERS WERE ENTERED AND FILED ON SEPTEMBER 25, 2003
Buckley, P.J., Nardelli, Tom, Mazzarelli, Andrias, JJ.

M-4080X     Diakite v Initial Contract Services, Inc.

Appeal withdrawn.

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

M-4081X     Hrobak v Fisher Park Lane Company

Appeal withdrawn.

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

M-4083X     Dozier v Fahnstock and Company

Appeal withdrawn.

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

M-4084X     Vollinger v Merrill Lynch & Co., Inc.

Appeal withdrawn.

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

M-3956     People v Williams, Raymond

M-3957           Bell, James

M-3959           Bradley, Norman

M-3960           Cunningham, Kenneth

M-3962           Garcia, Gonzolo

M-3963           Gibson, Jamel

M-3964           Jerez, Ramon

M-3965           Jimenez, Enrique, also known as
Jimmenez, Enrique, also known as
                Jimenez, Henrique

M-3966           Magnum, Jason, also known as
                Richardson, Sam

M-3968           Moreno, Angel

M-3971           Santiago, Ruben

M-3972           Taylor, James

M-3973           Taylor, Robert

M-3975           Wager, Anthony

M-3976           Wiggins, Stephen

M-3977           Williams, Willie

M-3978           Wilson, Fuquan

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

Buckley, P.J., Mazzarelli, Ellerin, Williams, Marlow, JJ.

M-3811     People v Perez, Ricardo

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

Buckley, P.J., Tom, Sullivan, Marlow, JJ.

M-3652     Fordham Paradise, LLC v ABI Property Partners, LP XXVI

Reargument or other relief denied, as indicated.

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

M-2825     Cieszkowska v New York State Division of Human Rights

Reargument or other relief denied.

Buckley, P.J., Tom, Ellerin, Marlow, Gonzalez, JJ.

M-4071     In the Matter of Seguin v Fraser

Time to perfect appeal enlarged to the January 2004 Term.

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

M-3983
M-4059     Ney v Federation Associates

Appeal adjourned to the January 2004 Term on condition plaintiff-appellant files complete copy of trial transcript, as indicated; motion otherwise denied. Appeal dismissed unless appellant files the aforementioned transcript, as indicated.

Buckley, P.J., Tom, Ellerin, Marlow, Gonzalez, JJ.

M-4224     Kollbeck v 417 FS Realty, LLC
(And a third-party action)

Appeals consolidated; stay of all proceedings, including trial, granted on condition consolidated appeals perfected for the February 2004 Term, all as indicated.

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

M-3495     Blau v Blau

Stay denied.

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

M-3816     People v Edwards, Kent, also known as
Edwards, Kent A.

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

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

M-3817     People v Canady, Charles

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

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

M-3825     People v Thelismond, Jean

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

Nardelli, J.P., Mazzarelli, Saxe, Rosenberger, Friedman, JJ.

M-3812     People v Munoz, Cirilo

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

Nardelli, J.P., Tom, Williams, Lerner, JJ.

M-3824     People v Valentine, Pierre

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

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

M-3985     Telecom Mobile Limited v Cornell Wireless LLC

Stay denied.

Tom, J.P., Sullivan, Rosenberger, Lerner, Friedman, JJ.

M-4048     People v Dushain, Carl

Time to file pro se supplemental brief enlarged to the February 2004 Term, to which Term appeal adjourned.

Tom, J.P., Sullivan, Rosenberger, Friedman, JJ.

M-896     People v Gardine, Wayne

Writ of error coram nobis denied.

Tom, J.P., Sullivan, Rosenberger, Friedman, JJ.

M-2666     People v Brown, Gregory

Writ of error coram nobis and other relief denied.

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

M-3664     Hartman v New York City Housing Authority

Appeal dismissed.

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

M-3815      People v Felipe, Jose

Moving papers deemed a timely filed notice of appeal from judgment of resentence and leave to prosecute appeal as a poor person granted, as indicated.

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

M-3570     People v Nunez, Claudio

Dismissal of appeal denied. Defendant granted leave to prosecute appeal as a poor person, as indicated.

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

M-2576     In the Matter of M., Jeanette v M., Jose - Commissioner of Social Services

Leave to prosecute appeal as poor persons granted, as indicated; expedited hearing of appeal denied. (See M-2576A, decided simultaneously herewith.)

Williams, J.

M-2576A     In the Matter of M., Jeanette v M., Jose - Commissioner of Social Services

Stay denied. (See M-2576, decided simultaneously herewith.)

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

M-3708     In the Matter of M., Maribel v C., Orbin and D.C., Linda
(And another action)

Time to perfect appeal enlarged to the February 2004 Term. (See M-3883, decided simultaneously herewith.)

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

M-3883     In the Matter of M., Maribel v C., Orbin and D.C., Linda
(And another action)

Leave to prosecute appeal as a poor person granted
to the extent indicated. (See M-3708, decided simultaneously herewith.)

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

M-3693     Noah Enterprises, LTD. v Korea First Bank of New York (and another action)

Time to perfect appeal from judgment entered on or about July 2, 2002 under Index No. 604832/99 enlarged to January 2004 Term. Appeal from judgment entered on or about June 12, 2002 under Index No. 605080/99 deemed withdrawn.

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

M-3556     Luna v The Port Authority of New York and New Jersey

Time to perfect appeal enlarged to the January 2004 Term.

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

M-3658     People v Feehan, Brendan

Time to perfect appeal enlarged to January 2004 Term.

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

M-3946     Dani Michaels, Inc. v Design 2000 N.Y. Ltd.

Appeals consolidated; time to perfect same enlarged to January 2004 Term, as indicated.

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

M-3748     People v Valentin, Guillermo

Dismissal of appeal denied, without prejudice to renew, as indicated.

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

M-3544     Rainbow Construction Co. v Darwick

Stay and related relief denied.

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

M-3621     Long Island Lighting Company v Keyspan Corporation

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

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

M-3915     People ex rel. Scotto, Rapael F. v Commissioner of Bureau of Prisoners - Simone, Richard

Bail granted in the amount of $250,000 surety bond or cash and on condition appeal perfected for the March 2004 Term, as indicated.

Andrias, J.P., Saxe, Rosenberger, Williams, Gonzalez, JJ.

M-3821     People v Williams, Lorraine

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

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

M-4198     The Sheraton Corporation v LeBoeuf, Lamb, Greene & Macrae, L.L.P.

Motion for stay of trial deemed withdrawn.

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

M-4070     Kaminsky v FSP Incorporated

Stay denied.

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

M-4175     In the Matter of Bronner v Division of Housing and Community Renewal

Leave to withdraw as attorneys of record granted,
as indicated, and appeal adjourned to the December 2003 Term.

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

M-3997     People v Agurto, Lupo, also known as Lupo, Agurto

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

Sullivan, J.P., Rosenberger, Ellerin, Lerner, JJ.

M-2908     People v Word, Diane

Reargument of writ of error coram nobis denied.

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

M-4060     Consortium Consulting Group, Inc. v Tsai

Dismissal of appeal denied.

Mazzarelli, J.

M-3715     People v Mundo, Jose

Leave to appeal to this Court granted, as indicated.

Andrias, J.

M-3454     People v Phillips, William

Leave to appeal to this Court granted, as indicated.

Marlow, J.

M-3209     People v Morales, Edwin

Leave to appeal to this Court denied.

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

M-2806In the Matter of Edward B. Samuels,
(admitted as Edward Barry Samuels)
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 nunc pro tunc to April 14, 2003. Opinion Per Curiam. 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-4186Mary Lorene Vandecastle, admitted February 25, 1986,
at a Term of the Appellate Division,
Third Department

Order of suspension entered May 6, 1999(M-344.530) recalled and vacated. No opinion. All concur.

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

M-2925In the Matter of Bart L. Nason
(admitted as Bart Lawrence Nason),
a suspended attorney:

Respondent's name stricken from the roll of attorneys and counselors-at-law in the State of New York, effective nunc pro tunc to May 20, 2003. Opinion Per Curiam. All concur.