First Department Motions
THE FOLLOWING MOTION ORDERS WERE ENTERED AND FILED ON DECEMBER 21, 2004
Buckley, P.J., Nardelli, Tom, Mazzarelli, Andrias, JJ.

M-5431     Cap Gemini Ernst & Young U.S. LLC
v Merial Limited, also known as
Merial LLC

Appeal and cross appeal, previously perfected for the January 2005 Term, withdrawn.

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

M-4718 (D.C. #14)     People v Dargan, Charles

M-4732 (D.C. #16)           Dawkins, Lawrence

M-4734 (D.C. #18)           Dickerson, Leroy

M-4736 (D.C. #20)           Emerson, Deno

M-4744 (D.C. #25)           Garcia, Johan

M-4750 (D.C. #31)           Helena, Jose D.

M-4752 (D.C. #32)           Hill, Anthony

M-4754 (D.C. #35)           Jackson, Francis

M-4756 (D.C. #36)           Jiminez, Robinson

M-4772 (D.C. #40)           King, James, also known as
King, Charles

M-4781 (D.C. #44)           Madera, Osvaldo

Time to perfect appeals enlarged to the April 2005 Term.

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

M-4782 (D.C. #45)     People v Martinez, Jose

M-4783 (D.C. #46)           McDowell, Patrick

M-4784 (D.C. #47)           McFarlan, Kevin

M-4801 (D.C. #59)           Ortiz, Pavan, also known as
Von, Pavan Ortiz

M-4802 (D.C. #60)           Page, Tyreek

M-4820 (D.C. #65)           Piggott, Herbert

M-4822 (D.C. #70)           Rivera, Christian

M-4843 (D.C. #86)           Thomas, Henry

M-4846 (D.C. #89)           Varela, Ronnie

M-4847 (D.C. #90)           Vasquez, Osvaldo

M-4849 (D.C. #92)           Wilkonson, Byron, also known as
      Brooks, William

M-4850 (D.C. #93)           Washington, Calvin

Time to perfect appeals enlarged to the April 2005 Term.

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

M-4835 (D.C. #81)     People v Smith, Andre

Time to perfect appeal enlarged to the May 2005 Term.

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

M-4552     Blair v Ensign Petroleum, Inc.

Time to perfect appeal enlarged to the April 2005 Term.

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

M-5102     Caminero, also known as Pineda v The New York
City Health and Hospitals Corporation

Time to perfect appeal enlarged to the April 2005 Term.

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

M-4995     Paradise Heating Oil, Inc. v
Commonwealth Land Title Insurance Company

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

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

M-4268People v Jackson, Trevers, also known as
M-4545           Jackson, Trevor, also known as Jeff

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

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

M-5332      People v Lineberger, Jerry

Leave to file pro se supplemental brief denied.

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

M-5121     People v Muniz, Wilson

Motion deemed withdrawn.

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

M-4929     Missan v The Equitable Life Assurance Society
of the United States

Appeal dismissed as academic.

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

M-4974     In the Matter of Gelfond v Fortune Brands, Inc.-
Shainwald

Renewal of order of this Court entered on August 5, 2004 (M-2436) granted; stay of trial granted on condition appeal from order entered on or about September 27, 2004, perfected for the May 2005 Term, as indicated.

Buckley, P.J., Nardelli, Sullivan, Williams, Sweeny, JJ.

M-5544     ELO Equity, LLC v Lunney's Pub, Inc.

CPLR 5704(a) relief denied.

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

M-4667     In the Matter of P., Gloria
-Family Support Systems Unlimited, Inc.

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

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

M-5003     In re Castro v St. Vincent's De Paul Residence
M-5184

Time to perfect appeals enlarged to the April 2005 Term; Clerk directed to calendar appeals for hearing together in said Term; all as indicated.

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

M-5152     Goldman v Rosen

Reargument or alternative relief denied.

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

M-5024     Rodriguez v Cavalier Development, Inc.
(And a Third-Party Action)

Appeal deemed withdrawn.

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

M-5109     Vasquez v BTRAC Leasing Corporation, now known as
Nationsbanc Auto Leasing, Inc.

Time to perfect appeal enlarged to the April 2005 Term.

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

M-5111     Prigorac v Park

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

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

M-5112     Brooks v New York City Transit Authority

Time to perfect appeal enlarged to the April 2005 Term.

Tom, J.P., Saxe, Williams, Sweeny, Catterson, JJ.

M-5012     In the Matter of Sangro Management Corp.
v New York State Division of Housing
and Community Renewal

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

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

M-5190     People v Cardoza, William

Enlargement of time to file pro se supplemental brief granted for the April 2005 Term, to which Term appeal adjourned, as indicated.

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

M-5258     Almanzar v The City of New York

Appeal restored to the calendar for the March 2005 Term.

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

M-5228     Matias v Rebecca's Bakery

Time to perfect appeal from order entered on or about September 8, 2004, enlarged to the April 2005 Term, to which Term appellant directed to perfect appeal from order entered on or about September 23, 2004; appeals consolidated, as indicated.

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

M-5304     Carter-Clark v Random House, Inc.

Time to perfect consolidated appeals enlarged to the April 2005 Term, as indicated.

Tom, J.P., Andrias, Sullivan, Williams, Gonzalez, JJ.

M-5309     People v Delacruz, Julian, also known as
Julian, Delacruz

Pro se supplemental brief to be filed for the April 2005 Term, to which Term appeal adjourned.

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

M-5193     People v Retamozzo, Armand

Pro se supplemental brief to be filed for the April 2005 Term, to which Term appeal adjourned, as indicated.

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

M-5075     Irizarry v 15 Mosholu Four, LLC

Time to perfect appeal enlarged to the May 2005 Term.

Sullivan, J.P., Ellerin, Lerner, Marlow, Catterson, JJ.

M-4894     Foster v New York State Division of Parole

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

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

M-5156     Lebron v Smith

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

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

M-5166     Olivares v Manor Towers Owners Corp.

Time to perfect appeal enlarged to the April 2005 Term.

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

M-4990     Timoney v Newmark & Company Real Estate, Inc.

Enlargement of time to perfect appeal denied; appeal dismissed.

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

M-5348     People v Jennings, Kevin

Enlargement of time to file pro se supplemental brief granted for the April 2005 Term, to which Term appeal adjourned, as indicated.

Buckley, P.J.

M-5123     People v Murray, Damon
Leave to appeal to this Court granted, as indicated.

Williams, J.
M-5341     People v Perez, Daniel and Rincon, Daniel
Leave to appeal to this Court denied.