First Department Motions
THE FOLLOWING MOTION ORDERS WERE ENTERED AND FILED ON SEPTEMBER 2, 2004
Buckley, P.J., Nardelli, Tom, Mazzarelli, Andrias, JJ.

M-3397     People v Pabon, Michael

M-3399X     Lynch v Credit Agricole Indosuez

M-3403X     Bennett v 48 Laight Street Associates, LLC

M-3404X     Sentry Contracting, Inc.
v Traveler's Property Casualty Corp.

M-3405X     Maini v Prendergast

M-3406X     Murphy v Boulahouache

M-3407X     Cullity v Cullity

M-3424     People v Wright, Nafis

M-3456X     Vinci v Mirzoeff

M-3457X     de Havilland v The New York City Transit Authority

Appeals withdrawn.

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

M-3398     World Access, Inc. v Kytel International Group, Inc.

Appeal, previously perfected for the September 2004 Term, withdrawn.

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

M-3381     NM IQ LLC v Omnisky Corporation

Appeal, previously perfected for the October 2004 Term, withdrawn.

Buckley, P.J., Nardelli, Tom, Friedman, Marlow, JJ.

M-2786     Germain v Verizon N.Y., Bell Atlantic Lifeline

Motion dismissed. (See this Court's order entered on January 27, 2004 [M-5788].)

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

M-3351     People v Dotson, Tyrone

M-3352           Finkelstein, Steven

M-3353           Padilla, Rafael

M-3355           Ramos, John

M-3356           Rivera, Alfredo

M-3357           Walker, William

M-3359           White, Glenn

M-3360           Williams, David

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

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

M-3053     People v Davis, Demetrius

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

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

M-2194               In the Matter of F., Luis Rafael, also
M-2339 (D.C. #9)     known as F., Luis, and G., Joel Lewis
Catholic Guardian Society

Upon papers filed and upon the Court's own motion, appeal dismissed.

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

     M-2136 (D.C. #21)     In the Matter of O., Shawn Administration
for Children's Services of the City of New
York

Upon the Court's own motion, appeal dismissed.

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

M-2100 (D.C. #10)     In the Matter of F., Pauline v F., Ronald
Commissioner of Social Services of the
City of New York

Upon the Court's own motion, appeal dismissed.

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

M-2782     In the Matter of I., Michenella Seamen's
Society For Children and Families

Appeal dismissed.
Nardelli, J.P., Sullivan, Williams, Friedman, Marlow, JJ.

M-3256     People v Roche, Elio

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

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

M-3168     People v Fernandez, Manuel

Leave to prosecute appeal as a poor person denied.

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

M-2972     In re Shulman v Cahill

Reargument or other relief denied.

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

M-3514 [2003]     In the Matter of Fidelity and Deposit Company
M-2844 [2004]     of Maryland v Thompson

Cross motion to dismiss proceeding brought pursuant to CPLR 7804 granted (M-3514 [2003]); proceeding dismissed (M-2844 [2004]).

Tom, J.P., Mazzarelli, Saxe, Friedman, Gonzalez, JJ.

M-2851     People v Rampersad, Renrick

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

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

M-2420     I. Appel Corporation v Mahoney Cohen
M-3082& Company, CPA, P.C.

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

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

M-2762     Ortega v Rollins Leasing Corp.

Appeal dismissed.

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

M-3067     In the Matter of V.R., Tavion
St. Christopher Ottilie

Appeal dismissed.

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

M-3078     People v Jones, William

Appeal dismissed.

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

M-3222     Chan-Palay v Harvard Club of New York City

Appeal dismissed unless perfected for the December 2004 Term, as indicated.

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

M-3098     Great Sage Financial Corp. v Bruce

Enlargement of time to perfect appeal denied; appeal dismissed.

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

M-3124     67 East 2nd Street Inc. v Schwartz v Agin

Dismissal of appeal denied, without prejudice to addressing issues in respondent's brief.

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

M-2989     In the Matter of C., Ezekiel and R., Angel
Administration for Children's Services

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

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

M-3207     People v Fragosa, Martin

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

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

M-3167     People v Caba, Angel

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

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

M-2553     People v Ramos, Julio

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

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

M-3334     In the Matter of V., Debra v G., Eduardo

Leave to prosecute appeal as a poor person granted to the extent indicated; motion otherwise denied.

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

M-3190     In the Matter of V., Debra v S., Abdooh Maglie

Leave to prosecute appeal as a poor person and related relief denied.

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

M-3111     In the Matter of B., Khelia and B., Yushishia
Commissioner of Social Services

Leave to prosecute appeal as a poor person and related relief denied.

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

M-2607     In the Matter of C., William Ricardo
M-2956      McMahon Services for Children

Dismissal of appeal denied; leave to prosecute appeal as a poor person denied, with leave to renew, as indicated.

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

M-2992     People v Clanton, William

Counsel relieved; poor person relief previously granted continued; leave to proceed pro se granted, as indicated.

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

M-3184     People v Buari, Calvin, also known as Calvin, Buari

Time to perfect appeal enlarged to the December 2004 Term.

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

M-3284     Anonymous v Anonymous

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

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

M-3090     Flores v Dearborne Management Inc.
(And a third-party action)

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

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

M-3056     Lanzot v Blecher

Appeals consolidated; time to perfect same enlarged to the December 2004 Term.

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

M-3183     People v Camacho, Francisco

Time to perfect appeal enlarged to the January 2005 Term.

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

M-3338     Guercio v Metlife, Inc., also known as Metropolitan
M-3393     Life Insurance Company; Metlife, Inc., also known as
Metropolitan Life Insurance Company v One Source
Facility Services, Inc.

Stay of trial granted; time to perfect appeal and cross appeal enlarged to the January 2005 Term, as indicated.

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

M-3226     Mannino v J.A. Jones Construction Group, LLC.
(And a third-party action)

Time to perfect appeal and cross appeal enlarged to the February 2005 Term.

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

M-3261     In the Matter of Landmark West! v Burden
M-3367
M-3380
Expedited hearing of appeal granted; appellants directed to perfect same for the December 2004 Term (M-3261); dismissal of appeal granted unless appeal perfected for said Term, as indicated (M-3367); leave to serve and file record on appeal with appellant's brief granted (M-3380).

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

M-3140     In the Matter of "Male", also known as T., Raheem,
and T., Amani Seamen's Society for Children
and Families

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

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

M-3141     In the Matter of F., Laura, also known as
F., Laura Elizabeth, and M., Miracle
St. Mary's Children and Family Services, Inc.,
doing business as Angel Guardian-St. Mary's Children
and Family Services

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

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

M-3195     In the Matter of J., Imani
Children's Aid Society

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

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

M-3200     In the Matter of S., Perry; S., Amber; S., Christian;
L., Kavon, also known as L., Kevon; and D., Ariana,
also known as D., Aurianna
Administration for Children's Services

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

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

M-3370     In the Matter of Gedin v The New York City Housing
Authority of New York

Time to perfect proceeding enlarged to the December 2004 Term; leave to prosecute proceeding as a poor person denied, with leave to renew, as indicated.

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

M-3420     Pavarini Construction Co., Inc. v Precision
Specialist Metal & Glass, Inc.

Time to perfect appeal enlarged to the December 2004 Term.

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

M-3590     Application of GVC II, Inc. v The Contract Dispute
Resolution Board of the City of New York

Appeal deemed perfected for the November 2004 Term; stay previously afforded appellant continued pending hearing and determination of appeal.

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

M-3579     Daniels v Kromo Lenox Associates
M-3410
Appeal maintained on calendar for November 2004 Term, without prejudice to movants serving and filing supplemental appendices for said Term.

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

M-3366     People v Cardoza, William

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

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

M-3514 [2004]     Gryphon Domestic VI, LLC v APP International
Finance Company

Stay and other relief denied.

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

M-3513     Fishman v Roxanne Management

Stay denied.

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

M-3307     In the Matter of R., Jamie v Consilvio

Leave to cross appeal from resettled order entered on August 5, 2004 denied, without prejudice to petitioner addressing issues presented in respondent's brief.

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

M-3645     Jiggetts v Dowling

Amicus curiae briefs submitted with moving papers deemed timely filed.

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

M-3283     Cox v Lehman Brothers Inc.
M-3662
Stay granted; defendant-respondent granted leave to file respondent's appendix, and cross motion otherwise denied, with leave to address issue upon argument of appeal.

Catterson, J.

M-3305     People v Rodriguez, Richard

Leave to appeal to this Court denied.

Catterson, J.

M-3308     People v Mercedes, Miguel

Leave to appeal to this Court denied.

Catterson, J.

M-3325     People v Lugo, Daniel

Leave to appeal to this Court denied.

Catterson, J.

M-3361     People v Worsham, Ishmael

Leave to appeal to this Court denied.

Catterson, J.

M-3365     People v Gomez, Daniel

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-3149     Robert C. Mishalove, admitted on March 17, 1975,
at a Term of the Appellate Division,
First Department

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