| THE FOLLOWING ORDER WAS ENTERED AND FILED ON AUGUST 21, 2003 |
| Mazzarelli, J.P., Sullivan, Lerner, Marlow, Gonzalez, JJ. M-3470 U.S. Bank National Association v Holmes Leave to compel defendant-appellant to pay use and occupancy denied, as indicated. |
| THE FOLLOWING MOTION ORDERS WERE ENTERED AND FILED ON AUGUST 28, 2003 |
| Buckley, P.J., Nardelli, Tom, Mazzarelli, Andrias, JJ. M-3489X Berky v Algeri Appeal withdrawn. |
| Buckley, P.J., Nardelli, Tom, Mazzarelli, Andrias, JJ. M-3525X Colonia Insurance Company v Vassallo Construction Corp. Appeals withdrawn. |
| Buckley, P.J., Nardelli, Tom, Mazzarelli, Andrias, JJ. M-3526X Sykes v National Car Rental Systems, Inc. Appeal withdrawn. |
| Buckley, P.J., Nardelli, Tom, Mazzarelli, Andrias, JJ. M-3203X Ogden New York Services, Inc. v Zurich Insurance Company Appeal, calendared for the October 2003 Term, withdrawn. |
| Buckley, P.J., Nardelli, Tom, Mazzarelli, Andrias, JJ. M-3452 Forrester v Helmsley-Spear, Inc. Appeal, previously perfected for the December 2002 Term, withdrawn. |
| Buckley, P.J., Nardelli, Tom, Mazzarelli, Andrias, JJ. M-3854 People v Cruz, Albert Leave to respond to appeal as a poor person granted, as indicated; appeal adjourned to the November 2003 Term. |
| Buckley, P.J., Nardelli, Tom, Mazzarelli, Andrias, JJ. M-3411 People v Alexander, Victor M-3412 Clervoix, Robert M-3413 Colon, Juan M-3414 Dingle, John M-3416 Fletcher, Clarence M-3418 Johnson, Larry M-3422 Lopez, Richard M-3423 Moni, Mario M-3424 Montanez, Jose M-3426 Richburg, Harry M-3428 Petrucha, Devin M-3430 Smith, Anderson Leave to prosecute appeals as poor persons granted, as indicated. |
| Buckley, P.J., Nardelli, Tom, Mazzarelli, Andrias, JJ. M-3839 People v Gines, Ruben Counsel assigned, as indicated. |
| Buckley, P.J., Nardelli, Andrias, Sullivan, Friedman, JJ. M-1086 Decolator, Cohen & DiPrisco, LLP. v Lysaght, Lysaght & Kramer, P.C. Motion deemed withdrawn. |
| Buckley, P.J., Nardelli, Ellerin, Friedman, JJ. M-1870 People v Rivera-Lopez, Gilbert, also known as Lopez, Gilberto Reargument or other relief denied. |
| Nardelli, J.P., Mazzarelli, Rosenberger, Ellerin, Gonzalez, JJ. M-2382 In the Matter of Musano - - Sisto Funeral Home, Inc. Leave to appeal to the Court of Appeals denied. |
| Nardelli, J.P., Saxe, Sullivan, Gonzalez, JJ. M-1883 Freidlander v New York City Transit Authority M-2141 M-2143 Time to perfect appeal from the order of the Supreme Court, New York County, entered on or about June 11, 2002 enlarged to the December 2003 Term; appeal dismissed unless perfected for said Term. |
| Nardelli, J.P., Rosenberger, Williams, Marlow, Gonzalez, JJ. M-2609 People v Prasad, Rahul Counsel substituted. |
| Nardelli, J.P., Rosenberger, Williams, Marlow, Gonzalez, JJ. M-2875 Heath v National Multiple Sclerosis Society Stay of trial denied. |
| Nardelli, J.P., Rosenberger, Williams, Marlow, Gonzalez, JJ. M-2902 People v Jervis, Marvin Record on appeal enlarged to include certain minutes; transcription of minutes directed, all as indicated. |
| Nardelli, J.P., Rosenberger, Williams, Marlow, Gonzalez, JJ. M-3003 People v Bennett, Ricky Enlargement of time to file notice of appeal and other relief denied. |
| Nardelli, J.P., Rosenberger, Williams, Marlow, Gonzalez, JJ. M-3036 Rostropovich v Guerrand-Hermes Motion dismissed. |
| Nardelli, J.P., Rosenberger, Marlow, Gonzalez, JJ. M-2940 In the Matter of M., Octavia Elizabeth; M., Olivia Delores - - Catholic Home Bureau for Dependant Children Appeal dismissed. |
| Nardelli, J.P., Rosenberger, Williams, Marlow, Gonzalez, JJ. M-2818 People v Robinson, Mark Enlargement of time to perfect appeal and other relief denied. |
| Tom, J.P., Andrias, Saxe, Ellerin, Friedman, JJ. M-3276 Weissbrod Gurvey v Lynch Consolidation of appeals denied; stay of proceedings in this action and Housing Court or other relief denied; appeal from order of the Supreme Court, New York County, entered April 22, 2002, dismissed. |
| Tom, J.P., Andrias, Saxe, Ellerin, Friedman, JJ. M-3176 Taveras v City of New York M-3200 Krentzel v Felix Equities, Inc. M-3251 People v Smith, Debra M-3274 Michele v Wing M-3305 Capale v Flanagan M-3309 People v Hill, Lewis M-3464 In the Matter of Walker v New York State Division of Housing and Community Renewal M-3517 Taub v Cheriff, Cheriff & Fink, L.L.P. M-3482 HSBC Bank USA, formerly known as Republic National Bank of New York v 85th Estates Company Time to perfect appeals enlarged to the December 2003 Term. |
| Tom, J.P., Andrias, Saxe, Ellerin, Friedman, JJ. M-3244 In the Matter of D., Alfred Time to perfect appeal enlarged to the December 2003 Term; transcription of minutes directed. |
| Tom, J.P., Andrias, Saxe, Ellerin, JJ. M-3263 Nikprelevic v Ford Motor Company Time to perfect appeal enlarged to the January 2004 Term. |
| Tom, J.P., Andrias, Saxe, Ellerin, Friedman, JJ. M-3318 Cornfeld v Urfirer Time to perfect appeal enlarged to the January 2004 Term. |
| Tom, J.P., Andrias, Saxe, Ellerin, Friedman, JJ. M-3287 Lanzot v Blecher Time to perfect appeal enlarged to the January 2004 Term. |
| Tom, J.P., Andrias, Saxe, Ellerin, Friedman, JJ. M-3298 Mannino v J.A. Jones Construction Group, LLC Time to perfect appeal enlarged to the January 2004 Term. |
| Tom, J.P., Andrias, Saxe, Ellerin, Friedman, JJ. M-3334 People v Mercado, Roberto Leave to prosecute appeal as a poor person granted to the extent indicated; time to perfect same enlarged to the December 2003 Term. |
| Tom, J.P., Andrias, Saxe, Ellerin, Friedman, JJ. M-3289 In the Matter of F., "Baby Girl", also known as F., Genesis Anahi, also known as F., Genese - - Talbot Perkins Children's Services Leave to prosecute appeal as a poor person granted to the extent indicated. |
| Tom, J.P., Andrias, Saxe, Ellerin, Friedman, JJ. M-3297 People v Albaldejo, Bruce, also known as Albaladejo, Bruce Leave to prosecute appeal as a poor person granted, as indicated. (See M-716 entered March 13, 2003.) |
| Tom, J.P., Andrias, Saxe, Ellerin, Friedman, JJ. M-3296 People v Jon, Raymon, also known as Jon, Raymond Moving papers deemed a timely filed notice of appeal; leave to prosecute appeal as a poor person granted, as indicated. |
| Tom, J.P., Andrias, Saxe, Ellerin, Friedman, JJ. M-3133 In the Matter of E., Samuel - - Bronx Administration for Children's Services Leave to prosecute appeal as a poor person granted to the extent indicated. |
| Tom, J.P., Andrias, Saxe, Ellerin, Friedman, JJ. M-3277 In the Matter of H., Sonia v R., Harry Edmonds Leave to prosecute appeal as a poor person granted to the extent indicated. |
| Tom, J.P., Andrias, Saxe, Ellerin, Friedman, JJ. M-3117 In the Matter of Robles v Borakove Leave to prosecute appeal as a poor person denied, with leave to renew, as indicated. |
| Tom, J.P., Andrias, Saxe, Ellerin, Friedman, JJ. M-3372 People v Swinson, Jason Leave to prosecute appeal as a poor person denied, with leave to renew, as indicated. |
| Tom, J.P., Andrias, Saxe, Ellerin, Friedman, JJ. M-3361 People v Ali Kdouh, Yasser Leave to prosecute appeal as a poor person denied, with leave to renew, as indicated. |
| Tom, J.P., Andrias, Saxe, Ellerin, Friedman, JJ. M-3433 People v Cardona, Milton Appeals consolidated; assignment of counsel denied, as unnecessary. |
| Tom, J.P., Andrias, Saxe, Ellerin, Friedman, JJ. M-3193 In the Matter of B., Eillanna Stephanie, also known as B., Eilliana, also known as B., Eilianna, also known as B., Elliana Stefanie B. - - St. Dominic's Home Appeal dismissed. |
| Tom, J.P., Andrias, Saxe, Ellerin, Friedman, JJ. M-3088 In the Matter of W., Daryl, also known as C., Darrell; W., Andrew - - St. Vincent's Services, Inc. Dismissal of appeals denied, with leave to renew, as indicated. |
| Tom, J.P., Andrias, Saxe, Ellerin, Friedman, JJ. M-3019 People v Bassett, Phillip Appeal dismissed. |
| Tom, J.P., Andrias, Saxe, Ellerin, Friedman, JJ. M-3208 People v Ortegon, Luis Appeal, previously perfected for the September 2003 Term, dismissed. |
| Tom, J.P., Andrias, Saxe, Ellerin, Friedman, JJ. M-3167 Gaidon v Guardian Life Insurance Company of America Dismissal of appeal denied; plaintiff-appellant directed to perfect same for the December 2003 Term. |
| Tom, J.P., Andrias, Saxe, Ellerin, Friedman, JJ. M-3295 People v Sanjuan, Rafael Assigned counsel relieved; substitution of retained counsel denied, as unnecessary; poor person relief previously granted continued; time to perfect appeal enlarged to the December 2003 Term. |
| Tom, J.P., Andrias, Saxe, Ellerin, Friedman, JJ. M-3335 Board of Managers of 55 Walker Street Condominium v M-3527 Walker St. LLC Time to perfect appeal from the order entered on or about December 10, 2002 enlarged to the December 2003 Term; this Court's order entered on April 24, 2003 (M-1053) vacated; appeal from order entered on or about June 3, 2002, dismissed. |
| Tom, J.P., Andrias, Saxe, Ellerin, Friedman, JJ. M-3390 In the Matter of Marino v Morgenthau Appeal adjourned to the November 2003 Term, as indicated. |
| Tom, J.P., Andrias, Saxe, Ellerin, Friedman, JJ. M-3194 In the Matter of C., Horace, III - - C., Horace Lee, Jr. v R., Sarina Leave to prosecute appeal as a poor person granted to the extent indicated. (See M-3194A, decided simultaneously herewith.) |
| Friedman, J. M-3194A In the matter of C., Horace, III - - C., Horace Lee, Jr. v R., Sarina Stay denied. (See M-3194, decided simultaneously herewith.) |
| Tom, J.P., Andrias, Saxe, Ellerin, Friedman, JJ. M-3157 Delafield Estates Homeowners Association, Inc. v M-3330 Delafield 246 Corporation Stay denied; attorney's fees denied. |
| Tom, J.P., Andrias, Saxe, Ellerin, Friedman, JJ. M-3047 Hazim v Delta Funding Corporation Stay granted on condition undertaking posted and appeal perfected for the December 2003 Term, as indicated. |
| Tom, J.P., Andrias, Saxe, Ellerin, Friedman, JJ. M-3046 In the Matter of Arbor Place L.P. v Olympia Capital Associates, L.P. Stay denied. |
| Tom, J.P., Andrias, Saxe, Ellerin, Friedman, JJ. M-3249 McDermott v Coffee Beanery, Ltd. (And another action) Stay granted on condition appeal perfected for the February 2004 Term, as indicated. |
| Tom, J.P., Andrias, Saxe, Ellerin, Friedman, JJ. M-2701 Jackson v Jackson M-3068 Stay denied; interim relief granted by order of a Justice of this Court, dated May 28, 2003, vacated. |
| Tom, J.P., Andrias, Rosenberger, Williams, JJ. M-2224 DeJesus v Tyree Organization M-2330 (And a third-party action) Reargument granted and, upon reargument, the decision and order of this Court, entered on April 8, 2003 (Appeal No. 726), recalled and vacated and a new decision and order substituted therefor. (See Appeal No. 726, decided simultaneously herewith.) |
| Mazzarelli, J.P., Sullivan, Lerner, Marlow, Gonzalez, JJ. M-3497 Tonking v Port Authority of New York and New Jersey (And other actions) Stay of trial granted. |
| Mazzarelli, J.P., Sullivan, Lerner, Marlow, Gonzalez, JJ. M-3695 Pedreira v Pedreira Withdrawal of appeal denied; time to perfect appeal enlarged to the December 2003 Term. |
| Mazzarelli, J.P., Andrias, Saxe, Williams, Marlow, JJ. M-3175 People v Steele, Melvon, also known as Steele, Melvin Leave to prosecute appeal as a poor person granted, as indicated. |
| Mazzarelli, J.P., Sullivan, Lerner, Marlow, Gonzalez, JJ. M-3561 Chase Manhattan Bank v New Hampshire Insurance Company (And a third-party action.) Time to perfect appeal and cross appeal enlarged to the February 2004 Term. |
| Mazzarelli, J.P., Sullivan, Lerner, Marlow, Gonzalez, JJ. M-3655 People v Chandler, Sammy Time to perfect appeal enlarged to the December 2003 Term. |
| Mazzarelli, J.P., Sullivan, Lerner, Marlow, Gonzalez, JJ. M-3697 Capers v Wilkinson M-3702 Time to perfect appeal enlarged to the December 2003 Term; dismissal of appeal granted unless perfected for said Term. |
| Mazzarelli, J.P., Sullivan, Lerner, Marlow, Gonzalez, JJ. M-3487 Lai v Daily News, L.P. Time to perfect appeal enlarged to the December 2003 Term. |
| Mazzarelli, J.P., Sullivan, Lerner, Marlow, Gonzalez, JJ. M-3507 In the Matter of R., David Time to perfect appeal enlarged to the December 2003 Term. |
| Mazzarelli, J.P., Sullivan, Lerner, Marlow, Gonzalez, JJ. M-3653 Brown v Christopher Street Owner's Corp. Time to perfect appeal enlarged to the December 2003 Term. |
| Mazzarelli, J.P., Sullivan, Lerner, Marlow, Gonzalez, JJ. M-3235 Moss v City of New York M-3551 Time to perfect appeal enlarged to the January 2004 Term; dismissal of appeal granted unless perfected for said Term. |
| Mazzarelli, J.P., Sullivan, Lerner, Marlow, Gonzalez, JJ. M-3515 In the Matter of M., Rigoberto; M., Emmanuel - - The Children's Village Time to perfect appeal enlarged to the January 2004 Term; transcription of minutes directed. |
| Mazzarelli, J.P., Sullivan, Lerner, Marlow, Gonzalez, JJ. M-3197 People v Olivo, Judi Leave to file pro se supplemental brief granted for the January 2004 Term, to which Term appeal adjourned. |
| Mazzarelli, J.P., Sullivan, Lerner, Marlow, Gonzalez, JJ. M-3520 People v Charlemagne, Fred Leave to file pro se supplemental brief granted for the January 2004 Term, to which Term appeal adjourned, as indicated. |
| Mazzarelli, J.P., Sullivan, Lerner, Marlow, Gonzalez, JJ. M-3468 People v Peterson, David Leave to file pro se supplemental brief granted for the January 2004 Term, to which Term appeal adjourned. |
| Mazzarelli, J.P., Sullivan, Lerner, Marlow, Gonzalez, JJ. M-3512 People v Ortiz, Abel Leave to file pro se supplemental brief denied, with leave to renew, as indicated; appeal adjourned to the January 2004 Term. |
| Mazzarelli, J.P., Sullivan, Lerner, Marlow, Gonzalez, JJ. M-3521 In re Merchants Bank of New York v Itzkoff Appeals consolidated; time to perfect same enlarged to the December 2003 Term; stay granted on condition defendants post bond in the amount of $100,000, as indicated. |
| Mazzarelli, J.P., Sullivan, Lerner, Marlow, Gonzalez, JJ. M-3542 Lucas v Lucas Defendant allowed to annex to his brief those decisions submitted as exhibits H & I to the moving papers, and motion otherwise denied; interim relief granted by order of a Justice of this Court, dated July 23, 2003, vacated. |
| Andrias, J.P., Saxe, Rosenberger, Ellerin, Friedman, JJ. M-6617 People v Ocasio, Victor Reargument denied. |
| Andrias, J.P., Sullivan, Ellerin, Williams, Lerner, JJ. M-2750 People v Stevenson, Anthony Enlargement of time to perfect purported appeal and other relief denied, as indicated. (See M-2751, decided simultaneously herewith.) |
| Andrias, J.P., Sullivan, Ellerin, Williams, Lerner, JJ. M-2751 People v Stevenson, Anthony Enlargement of time to perfect purported appeal and other relief denied, as indicated. (See M-2750, decided simultaneously herewith.) |
| Tom, J. M-3717 People v Santos, Jeffrey Leave to appeal to the Court of Appeals granted, as indicated. |
| Nardelli, J.P., Mazzarelli, Saxe, Ellerin, Williams, JJ. In the Matter of Attorneys Who Are in Violation of Judiciary Law Section 468-a: M-3231Caroline Majella Coburn, admitted on 9-28-87, 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. |
| Nardelli, J.P., Tom, Ellerin, Lerner, Marlow, JJ. M-2700In the Matter of Brandon J. Boyd an attorney and counselor-at-law: Respondent suspended from the practice of law in the State of New York, effective the date hereof, until such time as disciplinary matters pending before the Committee have been concluded and until further order of this Court. Opinion Per Curiam. All concur. |