First Department Motions
THE FOLLOWING MOTION ORDERS WERE ENTERED AND FILED ON SEPTEMBER 28, 2004
Buckley, P.J., Nardelli, Tom, Mazzarelli, Andrias, JJ.

M-3796X     AGC Contractors, Inc. v Anchor Construction, Inc.

Appeal withdrawn.

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

M-3797X     Kadin v Starad, Inc.

Appeal withdrawn.

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

M-3962     People v Fauntleroy, Douglas

Appeal withdrawn.

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

M-3795X     Zurich American Insurance Company v Cohen Gallery Ltd.

Appeals and cross appeal withdrawn.

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

M-3804     Flick v Rite Aid of New York, Inc.

Appeal, previously perfected for the October 2004 Term, withdrawn.

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

M-3810     Hale House Center, Inc. v Michael Lee & Company

Appeal, previously perfected for the September 2004 Term, withdrawn.

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

M-3584     People v Soto, Edwin

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

Buckley, P.J., Tom, Williams, Friedman, JJ.

M-1519     Thornton v Baron
M-1653
Reargument denied; leave to appeal to the Court of Appeals granted, as indicated.

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

M-3816     People v Paris, Yuseff

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

Buckley, P.J., Mazzarelli, Saxe, Ellerin, Gonzalez, JJ.

M-4088     B.D. Cooke & Partners Limited
v Nationwide Mutual Insurance Company

Proceedings stayed pending hearing and determination of appeals and cross appeals from orders entered October 15, 2003 and July 2, 2004; appeal and cross appeal from order entered September 13, 2004 dismissed, as indicated.

Nardelli, J.P., Tom, Sullivan, Ellerin, Williams, JJ.

M-3527     Carter v Carter

Clarification denied.

Tom, J.P., Mazzarelli, Andrias, Ellerin, Lerner, JJ.

M-3583     People v Adkinson, Shakela

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

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

M-3939     Goldblatt v Baron

Stay granted on condition defendant place certain monies in escrow and perfects appeal for the January 2005 Term, as indicated; plaintiff's payment obligations with respect to the mortgage in question suspended pending hearing and determination of said appeal.

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

M-3771     In the Matter of Vifor (International) Inc.
v Luitpold Pharmaceuticals, Inc.

Stay and other relief denied.

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

M-3964     RBP of 400 W42nd St., Inc.
v 400 West 42nd Street Realty Associates

Preliminary appellate injunction denied.

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

M-3110     People ex rel. Johnson, Tyrone v Warden

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

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

M-3585     People v Collado, Mayra

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

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

M-3549     People v Valentin, Guillermo

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

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

M-2953     People v Bordas, Homero

Assigned counsel relieved, as indicated.

Andrias, J.P., Ellerin, Lerner, Gonzalez, JJ.

M-3691     Walls v Turner Construction Company

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

Andrias, J.P., Ellerin, Lerner, Gonzalez, JJ.

M-2303     Mohassel v Fenwick

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

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

M-3534     People v Garrido, Juan

Dismissal of appeal denied; counsel for appellant directed to immediately communicate with defendant, as indicated.

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

M-3682     People v Moses, Walter

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

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

M-3730     People v Christopher, Cory, also known as
Cory, Christopher

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

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

M-3651     People v Johnson, Stanley

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

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

M-3466     In the Matter of T., Leon

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

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

M-3388     In the Matter of a Family Offense Proceeding
ex rel. M., Dyandria v Warden

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

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

M-3291     People ex rel. Baker, Lacy v Warden

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

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

M-3495     People v Ramos, Omar

M-3608           Castellano, Anthony

M-3609           Gonzalez, Ana

M-3616           Mitchell, Corey

M-3697           Gomez, Julio

M-3713           Whaley, Kevin

Moving papers deemed timely filed notices of appeals; leave to prosecute appeals as poor persons granted, as indicated.

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

M-3642     People v Narvaez, Ismael

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-3874     In the Matter of Y.-T., Summer
           Commissioner of Social Services of the City of     New York

Leave to respond to appeal(s) as a poor person granted, as indicated; appeals adjourned to the December 2004 Term.

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

M-3586     People v Ramirez, Ramon

Moving papers deemed a timely filed notice of appeal; leave to prosecute appeal as a poor person denied, with leave to renew, as indicated.

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

M-3699     People v Alcantara, Yonis, also known as
Alcantara, Jonis

Moving papers deemed a timely filed notice of appeal; leave to prosecute appeal as a poor person denied, with leave to renew, as indicated.

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

M-3700     People v Hall, Robert J.

Enlargement of time to file notice of appeal denied.

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

M-3248     People v Sanchez, Steven

M-3541           Carlos, Jose

M-3547           Gonzalez, Jean, also known as Ramirez,
Jean Gonzalez

M-3553           Higgs, David

M-3560           Muniz, Idalia

M-3563           Ortiz, Lyndon

M-3672           Arokium, Charles, also known as
Arokium, Charles H., Jr.

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

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

M-3182     People v Liggins, Korey, also known as Liggins, Corey

Time to perfect appeal enlarged to the March 2005 Term. (See M-2970, decided simultaneously herewith.)

Saxe, J.

M-2970     People v Liggins, Korey, also known as Liggins, Corey

Leave to appeal to this Court granted, as indicated.
(See M-3182, decided simultaneously herewith.)

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

M-3714     People v Garcia, David

Leave to prosecute appeal as a poor person granted, as indicated. (See M-3716, decided simultaneously herewith.)

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

M-3716     People v Garcia, David

Leave to prosecute appeal as a poor person granted to the extent indicated. (See M-3714, decided simultaneously herewith.)

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

M-3331     Dhillon v Bryant Associates

Leave to strike defendant's notice of cross appeal and related relief denied.

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

M-3601     Hutchinson v The City of New York
(And a third-party action)

Time to perfect respective appeals enlarged to the January 2005 Term; motion otherwise denied.

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

M-3536     Naimollah v de Ugarte
M-3621
Leave to withdraw as attorney of record granted; time to perfect appeal enlarged to the February 2005 Term.

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

M-3764     Schindler v Niche Media Holdings, LLC

Counsel for appellant relieved on certain conditions, as indicated; time to perfect appeal enlarged to the February 2005 Term.

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

M-3588     Van Der Lande v Stout

Leave to withdraw as attorney of record granted; appeal adjourned to the December 2004 Term; motion otherwise denied.

Buckley, P.J.

M-3576     People v Norman, Anthony

Leave to appeal to this Court denied.

Lerner, J.

M-3724     People v Lugo, Manuel

Leave to appeal to this Court denied.

Sullivan, J.

M-3101     People v Torres, Michael

Reargument and/or renewal denied.

Marlow, J.

M-3106     People v Fields, Niles

Leave to appeal to this Court denied.

Marlow, J.

M-3174     People v Bey, Deysaan

Leave to appeal to this Court denied.

Marlow, J.

M-3216     People v Jackson, Ronald

Leave to appeal to this Court denied.

Tom, J.P., Saxe, Ellerin, Lerner, Gonzalez, JJ.

M-757     In the Matter of H. William Hodges, III
(Admitted as Henry William Hodges),
an attorney and counselor-at-law:

Respondent publicly censured. Opinion Per Curiam. All concur.

The following orders were entered and filed on September 23, 2004:
Buckley, P.J., Nardelli, Tom, Mazzarelli, Andrias, JJ.

M-3740     People v Williams, Donna

Leave to respond to appeal as a poor person granted, as indicated; appeal adjourned to the January 2005 Term.

Nardelli, J.P., Andrias, Ellerin, Gonzalez, Catterson, JJ.

M-3903     Maler v Ukranian Evangelical Assemblies of God Church,
Inc.; Cooper Union for the Advancement of Science and
Art v Nicholson & Galloway, Inc.

Stay of trial denied.

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

M-3995     Galvano v Glanville

Appeal maintained on the November 2004 Term; motion otherwise denied.

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

M-3005     Gross v Deutsche Zentrale Fuer Tourismus
M-3125
Enlargement of time to perfect appeal denied, with leave to renew, as indicated; dismissal of appeal denied, with leave to renew, as indicated.

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

M-3468     In the Matter of C., Rory

Assigned counsel relieved; appeal dismissed.