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

M-25X     Blitz v Blitz, also known as Maxwell

M-27X     Feld v Willkie, Farr & Gallagher

M-28X     Sassoon v Sassoon

M-29X     Gonzalez v Sanchez

M-61          Guasco, also know as Huasco v Hu

M-5789X     Rebaza v New York City Transit Authority

M-5833     People v Jacquez, Ramona

Appeals withdrawn.

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

M-20X     Astwood v Bovis Lend Lease LMB, Inc.

Appeal, previously perfected for the January 2005 Term, withdrawn.

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

M-5792     Robert M. Saltzstein, P.C. v Ralex Services, Inc.

Appeal, previously perfected for the January 2005 Term, withdrawn.

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

M-26X     Turchin v Mastic Associates of New York, LLC

Appeal and cross appeal withdrawn.

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

M-5764     People v Antwine, Keith

M-5765           Farrell, David

M-5766           Garcia, Alexan

M-5767           Maseda, Jose, also known as
Maseda, Jose Vidal

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

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

M-5574     People v Wright, Patrick

Counsel substituted.

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

M-5760     People v Salgado, Eddie

Leave to respond as a poor person granted, as indicated; appeal adjourned to the April 2005 Term.

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

M-5376     People v Coste, Hector

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

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

M-5381     People v Rojas, Ramon

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

Buckley, P.J., Mazzarelli, Sullivan, Williams, Gonzalez, JJ.

M-5555     Cummings v Our Lady of Mercy Medical Center

Appeals consolidation; time to perfect same enlarged to the May 2005 Term.

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

M-5496McHugh DiVincent Alessi, Inc. v 195 Property Corp.

Appeal dismissed unless perfected for the May 2005 Term, as indicated.

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

M-5413     People v Wood, David

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

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

M-5392     People v Bristol, Marvin

Counsel substituted.

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

M-5639     In the Matter of McReynolds v City of New York

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

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

M-5647     In the Matter of Moye v New York City Housing Authority

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

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

M-5553     Johnson v New York City Board of Education

Time to perfect appeal enlarged to the May 2005 Term.

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

M-5662     Campos v The City of New York

Time to perfect appeal enlarged to the May 2005 Term.

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

M-5705     Silver Cloud, L.P. v Jomil Realty Co.

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

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

M-5801Gold Force International, Inc. v Stefansky
(And a Third-Party Action)

Time to perfect appeal enlarged to the June 2005 Term.

Tom, J.P., Andrias, Saxe, Marlow, Nardelli, JJ.

M-5516     People v Quinones, Daniel

Time to perfect appeal enlarged to the June 2005 Term.

Tom, J.P., Andrias, Saxe, Marlow, Nardelli, JJ.

M-5386     Commandment Keepers Ethiopian Hebrew
Congregation, Inc. v Dore

CPLR 5704(a) relief denied without prejudice to defendant proceeding in Supreme Court, as indicated.

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

M-5702     Pogrebnoy v Bezpalco

Stay denied.

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

M-5756     Rapid Demolition Container Services Inc. v Maldonado

Preliminary appellate injunction granted on condition appeal perfected for the May 2005 Term, as indicated.

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

M-5417     People v Adams, Darryl

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

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

M-5529     N., Lilia v R., Simon

Leave to prosecute appeal as a poor person granted to the extent indicated; time to perfect appeal enlarged to the June 2005 Term; motion otherwise denied.

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

M-5514 In the Matter of C., Sammie

      Time to perfect appeal enlarged to the May 2005 Term.

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

M-5451     Reyes v Charles H. Greenthal & Co.
M-5700

Time to perfect appeal enlarged to the June 2005 Term; appeal dismissed unless perfected for said Term, as indicated.

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

M-5236     Kasem v Price Rite Office and Home Furniture

Dismissal of appeal and other relief denied, appeal having been adjourned to the March 2005 Term by order of this Court dated November 17, 2004.

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

M-5204     The Insurance Company of
the State of Pennsylvania v Dowling
(And a Third-Party Action)

Leave to strike notice of appeal and related relief denied, without prejudice to addressing the issue on appeal.

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

M-5699     Palm Beach Mortgage Management, LLC v
Red Tulip, LLC-Anderson
(And Another Action)

Preliminary appellate injunction granted on condition appeal perfected for the May 2005 Term, as indicated.

Mazzarelli, J.P., Andrias, Friedman, Ellerin, Gonzalez, JJ.

M-5244     Glenbriar Co. v Lipsman

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

Mazzarelli, J.P., Marlow, Ellerin, Nardelli, Catterson, JJ.

M-5042     People v Morton, Derrick

Matter remanded to Supreme Court, Bronx County for reconstruction of proceedings, all as indicated.

Andrias, J.P., Marlow, Ellerin, Nardelli, Sweeny, JJ.

M-5208     Weill v Liberty Lines Transit, Inc.

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

Andrias, J.P., Saxe, Ellerin, Sweeny, Catterson, JJ.

M-76          Brown v City of New York-Rosenberg

CPLR 5704(a) relief denied.

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

M-5415     People v Parrison, Yves

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

Friedman, J.P. Marlow, Sullivan, Nardelli, Catterson, JJ.

M-5778     Anderson v Schwartz-DVSD Holding Corp.

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

Friedman, J.P., Marlow, Nardelli, Sweeny, Catterson, JJ.

M-5831     In the Matter of H., Kwesi; H., Menelik and
H., Judinyah - Commissioner of Social Services

Time to perfect appeals enlarged to the June 2005 Term.

Nardelli, J.

M-5131     In the Matter of Flemming v Morgenthau

Release on own recognizance or other relief denied.

Catterson, J.

M-5432     People v Delvalle, Ralph

Leave to appeal to this Court denied.

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

In the Matter of Attorneys Who Are in Violation
of Judiciary Law Section 468-a:

M-5492Mitchell J. Greenhill, admitted
on May 1, 1985at a Term of the
Appellate Division, Second Department

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

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

In the Matter of Attorneys Who Are in Violation
of Judiciary Law Section 468-a:

M-5643David Ireland Beckett, admitted on
September 26, 1978 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.

The following orders were entered and filed on January 13, 2005:
Tom, J.P., Friedman, Ellerin, Sweeny, Catterson, JJ.

M-5232     Marcus v Marcus - Dunham

Stay of trial denied.

Friedman, Marlow, Nardelli, Sweeny, Catterson, JJ.

M-5719     In the Matter of Council of the City of New York
M-5814v Bloomberg

Leave to file amici/amicus curiae briefs granted pursuant to the terms of stipulation dated December 20, 2004, as indicated.

Friedman, J.P., Marlow, Nardelli, Sweeny, Catterson, JJ.

M-5743     Davidoff & Malito LLP v Kimball Check Cashing
Corporation - Stone

Time to perfect appeal enlarged to the April 2005 Term.