First Department Motions
THE FOLLOWING MOTION ORDERS WERE ENTERED AND FILED ON AUGUST 18, 2005
Buckley, P.J., Tom, Mazzarelli, Andrias, Saxe, JJ.

M-3420     St. Barnabas Hospital v New York City
Health and Hospitals Corporation

Appeals, previously perfected for the September 2005 Term, withdrawn.

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

M-3050     In the Matter of F., Theodore v V. Vanessa

Counsel relieved; appeal dismissed.

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

M-3103     The Superintendent of Insurance of the State of
M-3693     New York, as Liquidator of Union Indemnity Insurance
Company of New York v Spira

Withdrawal of appeal; appeal dismissed.

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

M-2857     People v Ciprian, Ramon

Appeal dismissed.

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

M-3622     Phillips v House

Dismissal of direct appeal vacated; defendant Abbott House to serve and file brief as cross appellant on or before September 7, 2005 for the October 2005 Term, and to correct record heretofore filed, as indicated. Order of this Court entered April 26, 2005 (M-1209) recalled and vacated.

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

M-3191     Mid Valley Associates, LLC v Foot Locker Specialty,
Inc., formerly known as F.W. Woolworth Co.

Cross appeal dismissed, as indicated.

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

M-2754     In the Matter of S., Isaiah Jonathan-
The Catholic Home Bureau for Dependent
Children

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

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

M-2192     In the Matter of D., Sara v S., David

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

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

M-2765     Kitsais v Trustees of Columbia University in the City of New York, sued herein as Columbia University Dental Oral Surgery

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


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

M-3032     People v Cagle, Robert

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

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

M-3065     People v Guerrero, Christian

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

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

M-2845     Suleiman v Miamor Transportation
M-3132

Stay and related relief denied; dismissal of purported appeal granted; cross motion otherwise denied.

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

M-2643     Lyerly v Madison Square Garden

Leave to appeal from the Appellate Term denied.

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

M-3014     Tobias v New York Hospital

Leave to appeal from the Appellate Term denied.

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

M-3061     1864 7th Avenue HDFC v Griffin-Wagner

Leave to appeal from the Appellate Term denied.

Buckley, P.J., Tom, Saxe, Friedman, Sweeny, JJ.

M-3367     Bentley v JLT Services Corporation

Leave to appeal to the Court of Appeals denied.

Buckley, P.J., Mazzarelli, Friedman, Marlow, Sullivan, JJ.

M-2862     People v Kolon, Boris

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

Buckley, P.J., Saxe, Ellerin, Nardelli, Williams, JJ.

M-2793     Nimkoff v Nimkoff

Reargument or other relief denied.

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

M-3848     Nemazee v Premier Purchasing Partners, L.P.

Time to perfect appeal enlarged to on or before September 6, 2005 for the November 2005 Term.

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

M-3727     Navarra v Agency for the Performing Arts, Inc.

Dismissal of appeal denied.

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

M-3261     People v Hernandez, Leo

Appeal deemed withdrawn, as indicated.

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

M-3372     People v Sosa, Gilberto

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

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

M-3392     People v Ferrer, Jose

Leave to prosecute appeal as a poor person granted, as indicated. Clerk of the Supreme Court shall expeditiously have made and filed with the criminal court two transcripts of the SORA hearing and other proceedings, all as indicated.

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

M-3828     Torbochkina v New York Life Insurance
and Annuity Corporation, doing business as
New York Life Insurance Company

Time to perfect appeal enlarged to the November 2005 Term.

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

M-3958     Cuebas v Smith

Time to perfect appeal enlarged to the November 2005 Term, as indicated.

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

M-3118     People v King, James

Time to perfect appeal enlarged to the December 2005 Term.

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

M-3100     General Electric Capital Corporation v
Pacheco & Lugo, P.L.L.C.
(And a Third-Party Action)

Time to perfect appeal enlarged to the December 2005 Term.

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

M-3107     Spina v Jack D. Weiler Hospital of the
Albert Einstein College of Medicine

Time to perfect appeal enlarged to the December 2005 Term.

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

M-3852Allstate Insurance Company v Belt Parkway
Imaging, P.C.

Time to perfect appeal enlarged to the December 2005 Term.

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

M-3872     Towers v Hoag

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

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

M-3774     Bottino v Aschinoff

Time to perfect appeal enlarged to the February 2006 Term.

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

M-3770     Camacho v Conway Stores, Inc.

Time to perfect appeal enlarged to the March 2006 Term.

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

M-3595     Portlette v Metropolitan Transit Authority

Leave to supplement record on appeal denied.

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

M-3728     Academic Health Professionals Insurance
M-3818     Association v M.Q. of New York, Inc.
M-3858     (And Other Actions)

Leave to supplement record on appeal denied; appellant's record on appeal and brief stricken and removed from September 2005 calender; appellant directed to file proper record on appeal and brief for the December 2005 Term, all as indicated.

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

M-3556     Transport Workers Union of America
M-3761     Local 100 AFL-CIO v O'Hara
M-3766     (And Another Action)

Appeals consolidated (M-3556); Clerk directed to calendar same for hearing together; cross motions (M-3761/M-3766) for leave to supplement record on appeal granted to the extent indicated; consolidated appeals adjourned to the November 2005 Term.

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

M-3202     People v Washington, Calvin

Leave to file pro se supplemental brief granted to on or before October 3, 2005 for the December 2005 Term, to which Term appeal adjourned.

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

M-3416     People v Rodriguez, Chan

Leave to file pro se supplemental brief granted to on or before November 7, 2005 for the January 2006 Term, to which Term appeal adjourned.

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

M-3325     People v Gajadhar, Winston

Leave to file pro se supplemental brief granted to on or before November 7, 2005 for the January 2006 Term, to which Term appeal adjourned.

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

M-3403     People v Adames, Rafael Reynoso

Leave to file pro se supplemental brief granted to on or before November 7, 2005 for the January 2006 Term, to which Term consolidated appeals adjourned.

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

M-3371     People v McNeil, Joseph

Leave to file pro se supplemental brief denied.

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

M-3673     NYC Campaign Finance Board v Ortiz
(And Another Action)

Clerk directed to calendar appeals for hearing together in the December 2005 Term; motion otherwise denied.
Andrias, J.P., Marlow, Gonzalez, Sweeny, Catterson, JJ.

M-3603     Borress & Borress LLC v CSJ LLC

Preliminary appellate injunction denied.

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

M-3763     Tsabbar v 17 East 89th Street Tenants, Inc.
M-3849

Preliminary appellate injunction denied, as indicated; sanctions and other relief denied.

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

M-3777     In the Matter of Gomez v The New York City
Housing Authority

Preliminary appellate injunction denied.

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

M-3432     Dixon v Forman

Stay denied.

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

M-3787     Zapin, Endlich & Lombardo, Inc. v
CBS Coverage Group, Inc.

Stay denied.

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

M-3857     The Residential Condominium Committee of the
45 West 67th Street Condominium v Stein

Stay denied.

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

M-3952     Mullins v Huntwork

Stay of trial granted on condition appeal perfected for the November 2005 Term, as indicated.

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

M-3860     Schroeder v Iesi Corporation

Stay granted.

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

M-3599     Futurist 1952, Inc. also known as
MoDerNist, Inc. v Westbeth Corporation Housing
Development Fund Company, Inc.

Preliminary appellate injunction denied.

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

M-834     People v Mojica, Daniel

Writ of error coram nobis and other relief denied.

Mazzarelli, J.

M-1946     People v Nieves, Raymond

Leave to appeal to this Court denied.

Mazzarelli, J.

M-2011     People v Brown, Andre

Leave to appeal to this Court denied.

Mazzarelli, J.

M-2553     People v Williams, Kal          

Leave to appeal to this Court denied.

Friedman, J.

M-1905     People v Perez, Hector

Leave to appeal to this Court denied.

Friedman, J.

M-2682     People v Martinez, Cesar

Leave to appeal to this Court denied.

Friedman, J.

M-2751     People v Prince, James

Leave to appeal to this Court denied.

Friedman, J.

M-2734     People v Goris, Simon

Leave to appeal to this Court denied.

Gonzalez, J.

M-1929     People v Oliveras, Anthony

Leave to appeal to this Court denied.

Sweeny, J.

M-2884     People v Davis, Curtis

Leave to appeal to this Court denied.

Sweeny, J.

M-3744     People v Duerr-Nocerino, Renate

Reargument denied.

Tom, J.P., Friedman, Ellerin, Sweeny, Catterson, JJ.

M-2202     In the Matter of Howard Gotbetter,
a suspended attorney:

Reargument and/or other relief denied. No opinion. All concur.