First Department Motions
THE FOLLOWING MOTION ORDERS WERE ENTERED AND FILED ON SEPTEMBER 30, 2003
Buckley, P.J., Nardelli, Tom, Mazzarelli, Andrias, JJ.

M-3873X     Prestopino v Champion Courier, Inc.

M-3995     The Donna Karan Company v 240 West 40th LLC

M-4065     People v Powell, Herman, also known as Spenser, Herman, also known as Spencer, Herman

M-4082X     Zeman v St. Charles Hospital and Rehabilitation Center, Inc.

M-4142     People v Faulkes, Brian

M-4143     People v Gittens, Anthony

M-4208X     Poretsky v New York City Housing Authority
(And a third-party action)

M-4209X     Shamah v Shamah

M-4226X     Atelier 14 Corp. v Boquen Realty, Inc.

Appeals withdrawn.

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

M-4232     Perez v P.O.P. Displays, Inc.

Appeal, previously perfected for the December 2002 Term, withdrawn.

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

M-3996     Ovalle v The City of New York

Appeal, previously perfected for the June 2003 Term, withdrawn.

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

M-4057     Heath v National Multiple Sclerosis Society

Appeal, previously perfected for the September 2003 Term, withdrawn.

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

M-3810     People v Peterson, Marlon David, also known as
Peterson, Marlon D.

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

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

M-3234     In the Matter of Island Alliance for the
Mentally Ill, Inc. v Tolbert

Reargument and/or other relief denied.

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

M-3986     Shisgal v Brown

Preliminary appellate injunction or other relief denied.

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

M-4061     Broadwell America, Inc. v Bram Will El LLC

Preliminary appellate injunction or related relief denied; interim relief granted by order of a Justice of this Court, dated August 27, 2003, vacated.

Buckley, P.J., Nardelli, Andrias, Friedman, Gonzalez, JJ.

M-3626     People v Verdel, Michael, also known as Verdal, Michael

Order of this Court entered April 22, 2003 (M-1167), recalled and vacated; order of this Court entered April 3, 2003
(M-1073), remains in effect.

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

M-3315     American Transit Insurance Company v Sharp
M-3575
Consolidated appeals dismissed.

Nardelli, J.P., Tom, Rosenberger, Saxe, JJ.

M-3822     People v White, Jaydee, also known as White, JayDee

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

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

M-2793A     In the Matter of R., Christian Lee
Episcopal Social Services

Upon the Court's own motion, counsel assigned. (See this Court's order, entered on July 24, 2003 [M-2793], granting leave to prosecute appeal as a poor person.)

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

M-3225     Baystone Equities, Inc. v Gerel Corporation

Leave to appeal to the Court of Appeals denied, as indicated.

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

M-3168A     In the Matter of M., Samara; S., Zakiya; R., Amanda
          and M., Dashauna Administration for Children's Services

Upon the Court's own motion, counsel assigned. (See this Court's order, entered on August 7, 2003 [M-3168], granting leave to prosecute appeal as a poor person.)

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

M-3289A     In the Matter of F., "Baby Girl", also known as
F., Genesis Anahi, also known as F., Genese
Talbot Perkins Children's Services

Upon the Court's own motion, counsel assigned. (See this Court's order, entered on August 28, 2003 [M-3289], granting leave to prosecute appeal as a poor person.)

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

M-3862     Coffran v McMunn
M-3863
Enlargement of time to perfect appeal denied; clarification denied; appeal dismissed.

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

M-3381     PCV/ST LLC v Finn

Leave to appeal from the Appellate Term granted, as indicated.

Tom, J.P., Mazzarelli, Andrias, Rosenberger, Williams, JJ.

M-2906     American Transit Insurance Company v Sartor

Reargument or other relief denied, as indicated.

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

M-6570     People v Williams, Devon, also known as
Edwards, Richard

Writ of error coram nobis denied.

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

M-3153     Orner v The Mount Sinai Hospital

Reargument and imposition of sanctions denied; determination with respect to issue of payment of fee of the Special Referee referred to Supreme Court.

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

M-3759     In the Matter of F., Devon Dupree; W., Deanna;
W., Danielle Nyree and W., Amber Antoinette
McMahon Services for Children

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

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

M-3908     Lu v Lalchan

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

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

M-3790     In the Matter of G., Stephanie and G., Jennifer
Lutheran Social Services

Appeal of respondent-appellant/mother deemed abated, as indicated; assigned counsel relieved.

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

M-3633     People v Dickerson, Leroy

Assigned counsel relieved; substitution of assigned counsel denied. (See M-3694, decided simultaneously herewith.)

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

M-3694     People v Dickerson, Leroy

Poor person relief granted by order of this Court entered October 21, 2002 (M-5136), continued; substitution of retained counsel denied, as unnecessary. (See M-3633, decided simultaneously herewith.)

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

M-3805     Doan v Sitton

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

Mazzarelli, J.P., Rosenberger, Ellerin, Gonzalez, JJ.

M-2553     Raj Jewelers v Dialuck Corporation

Leave to appeal to the Court of Appeals denied, as indicated.

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

M-3540     Suero v Fort I Group, L.P.

Reargument or other relief denied.

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

M-3712     Leeds v Lenox Hill Hospital

Appeals and cross appeal consolidated; time to perfect same enlarged to the January 2004 Term, as indicated.

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

M-3562     People ex rel. Coleman, William v Warden

Reduction of bail and/or other relief denied.

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

M-3619     Kennedy v C.F. Galleria at White Plains, L.P.;
C.F. Galleria at White Plains, L.P. v The City
of White Plains

Appellate brief of third-party defendants-appellants deemed filed; appeals adjourned to the October 2003 Term.

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

M-2786     People v Castro, Mario

Writ of error coram nobis and other relief denied.

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

M-4116     Cooper v Domb

Preliminary appellate injunction denied.

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

M-4033     Kashelkar v Maharashtra Mandal New York, Inc.

Enlargement of record on appeal denied, with leave to renew, as indicated.

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

M-4133     Smith v Cattani

Leave to strike record on appeal denied, without prejudice to respondent to submit a supplemental record on appeal, as indicated.

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

M-4072     In the Matter of Pelli v New York City Loft Board

Proceeding adjourned to the December 2003 Term; appellant directed to file a supplemental appendix, as indicated.

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

M-3954     In the Matter of Schenker Rad
Schenker v East 29th Street Associates

Time to perfect appeal from decree of the Surrogate's Court, New York County, entered on or about September 16, 2002, enlarged to the February 2004 Term; order of this Court entered on August 7, 2003 (M-3463), vacated.

Rosenberger, J.P., Lerner, Friedman, Marlow, Gonzalez, JJ.

M-3559     In the Matter of Delafield 246 Corp.
v The City of New York

Dismissal of appeal denied.

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

M-3082     In the Matter of Giffuni Bros., also known as Giffuni
M-3122Brothers, A Partnership v New York State Division
M-3154Of Housing and Community Renewal

Enlargement of time to perfect appeal denied; appeal dismissed.

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

M-4090     Compaq Computer Corporation v Tebele

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

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

M-3876     Seavey v James Kendrick Trucking, Inc.

Appeal from order entered on or about October 21, 2002 adjourned to the January 2004 Term, for which Term appellants
directed to perfect appeal from order entered on or about April 11, 2003; Clerk directed to calendar appeals for hearing together for said Term; motion otherwise denied.

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

M-3508     Drizin v Sprint Corporation, doing business as
ASC Telecom

Plaintiff permitted to annex an appendix to responding brief, as indicated; appeal adjourned to the December 2003 Term; motion otherwise denied.

Nardelli, J.

M-4115     People v Moore, Robert

Leave to appeal to this Court denied.

Andrias, J.

M-3173     People v Ciochendea, Ioan

Leave to appeal to this Court granted, as indicated.

Andrias, J.

M-3174     People v Curry, Jerome, also known
      as Alvarez, Christian

Leave to appeal to this Court denied.

Saxe, J.

M-3095     People v Darby, Gregory

Leave to appeal to this Court denied.

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

M-2604In the Matter of Michael P. Bach,
a suspended attorney:

Respondent's name stricken from the roll of attorneys and counselors-at-law in the State of New York, effective the date hereof. Opinion Per Curiam. All concur.

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

M-2288In the Matter of James P. Conroy,
(admitted as James Patrick Conroy),
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 29, 2003. Opinion Per Curiam. All concur.

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

M-2618In the Matter of Charles B. Stark,
(admitted as Charles Bruce Stark),
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 June 19, 2002. Opinion Per Curiam. All concur.