First Department Motions
THE FOLLOWING MOTION ORDERS WERE ENTERED AND FILED ON JULY 21, 2005
Buckley, P.J., Tom, Mazzarelli, Andrias, Saxe, JJ.

M-2850X     Amey v Steinberg & Pokoik Management Corp.
(And a Third Party Action)

M-2962X     DiCagno v Rettinger

M-2968X     Whitten v 15 Cliff II, LLC.
(And Other Actions)

M-3021X     Turner v The City of New York
(And Other Actions)

M-3023X     Advertising Executives, Inc. v
Grey Healthcare Group, Inc.

M-3081X     Torres v Valerio

M-3083X     Westchester Fire Insurance Company v
Ovan Construction, Inc.

M-3015     People v Joseph, Michael

Appeals withdrawn.

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

M-2745     Myers v Davis

Dismissal of appeal denied; appeal adjourned to the October 2005 Term.

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

M-2784     People v Digsby, Steven, also known as
      Digsby, Steven Todd

M-2785           Griffin, Yolanda

M-2786           Jones, Larry

M-2787           McBride, Desmin

M-2789           Santiago, Milton

M-2790           Torres, Luis

M-2791           Vandyke, Harry, also known as
      Van Dyke, Harry

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

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

M-2761     People v Hendricks, Kasime

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

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

M-2801     People v Downey, Michael

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

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

M-2737     People ex rel. Thompson, Robert v Thompson

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

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

M-2758     People v Johnson, Eric

Notice of appeal deemed timely filed; leave to prosecute appeal as a poor person denied, with leave to renew, as indicated.

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

M-2763     People v Smith-Merced, Robert

Notice of appeal deemed timely filed; leave to prosecute appeal as a poor person denied, with leave to renew, as indicated.

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

M-2856     Hernandez v Robles

Clerk directed to calendar appeal for hearing in the September 2005 Term.

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

M-2863     In the Matter of K., Tristram v K., Ging
(And Other Actions)

Amicus curiae brief deemed filed for the October 2005 Term, to which Term appeal adjourned, as indicated.

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

M-2834     People v Jiminez, Jeffrey

Leave to file pro se supplemental brief denied, with leave to renew, as indicated; appeal adjourned to the November 2005 Term.

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

M-2720     People v McGriff, Kenneth, also known as
Coleman, Ricky

Time to perfect appeal enlarged to the November 2005 Term.

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

M-2771     In the Matter of C., Ezekiel and R., Angel
-Administration for Children's Services

Time to perfect appeal enlarged to the November 2005 Term.

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

M-2821     AIG Highstar Capital, L.P. v
Stagecoach Holding, LLC.

Time to perfect appeal enlarged to the November 2005 Term.

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

M-2940     State Insurance Fund v
Utica First Insurance Company

Time to perfect appeal enlarged to the November 2005 Term.

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

M-2782     St. Clement v Casale

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

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

M-2752     In the Matter of C., Lyndell

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

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

M-2442     Jones v Cityspire Centre LLC., also known as
M-2577     Cityspire Center LLC
(And Other Actions)

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

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

M-2805     Cosner Construction Corp. v
M-3085     Royal Surplus Lines Insurance Company

Time to perfect appeal enlarged to the November 2005 Term. Dismissal of appeal granted unless perfected for said Term, as indicated.

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

M-2525     In the Matter of B., Edward Ramon, also known as
B., Eduardo - Good Shepherd Services

Time to perfect appeal enlarged to the December 2005 Term.

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

M-2806     In the Matter of Reynald, Rodney v Kelly

Time to perfect appeal enlarged to the December 2005 Term.

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

M-2924     In the Matter of H. Chanyah
-The Children's Aid Society

Time to perfect appeal enlarged to the December 2005 Term.

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

M-3071     Lai v Gartlan-Wackoff

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

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

M-2614     People v Williams, Wesley

Defendant directed to file pro se supplemental brief on or before October 3, 2005 for the December 2005 Term, to which Term appeal adjourned, as indicated. Motion otherwise denied.

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

M-2839     Scansarole v Madison Square Garden, L.P.
(And Another Action)

Stay of trial granted on condition consolidated direct appeals perfected for the January 2006 Term, as indicated.

Buckley, P.J., Saxe, Friedman, Marlow, JJ.

M-1515     Ostrin v Saint Moris Corp.

Enlargement of time to perfect appeal denied; appeal dismissed.

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

M-2816     Sexter & Warmflash, P.C. v Margrabe

Leave to enlarge record on appeal denied.

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

M-2756     People v Little, Jason

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

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

M-2757     People v Mason, James

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

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

M-2759     People v Jara, Eduardo

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

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

M-2762     People v Perez, Victor, also known as
Villanueva, Radames

Notice of appeal deemed timely filed; leave to prosecute appeal as a poor person denied, with leave to renew, as indicated.

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

M-1859     In the Matter of B., Martin
-Adminstration for Children's Services

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

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

M-2716     Koch v Neville

Preliminary appellate injunction denied.

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

M-2632     Clark v Bellovin

Reargument or other relief denied.

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

M-2660     Sabin v Naqvi
(And a Third Party Action)

Dismissal of direct appeal denied; stay of trial granted; parties directed to perfect appeal and cross appeal for the November 2005 Term, as indicated.

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

M-3078     People v Tenzer, Leonard

Stay continued; time to perfect appeal enlarged to on or before August 8, 2005 for the October 2005 Term.

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

M-2678     People v Pendergrast, James

Stay denied, as indicated. (See M-3016, decided simultaneously herewith).

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

M-3016     People v Pendergrast, James

Leave to prosecute appeal as a poor person and related relief granted; 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.     (See M-2678, decided simultaneously herewith).

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

M-2825     In the Matter of Peters v Sotheby's Inc.

Stay granted on condition appeal perfected for the December 2005 Term, as indicated.

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

M-3076     In Re: New York City Asbestos Litigation
Sauvan v A.O. Smith Water Products

Stay denied; interim relief granted by order of a Justice of this Court, dated July 8, 2005, vacated.

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

M-2736     In the Matter of B., Shawn Michael;
B., Anasa Blesset - Catholic Home Bureau
for Dependent Children

Leave to prosecute appeal as a poor person granted to the extent indicated. (See M-2566 and M-2567 decided simultaneously herewith).

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

M-2566     In the Matter of B., Shawn Michael
M-2567     In the Matter of B., Anasa Blesset-
     -Catholic Home Bureau for Dependent Children

Dismissal of appeal of respondent-appellant father denied (M-2566); dismissal of appeal of respondent-appellant mother denied (M-2567), with leave to renew, as indicated. (See M-2736, decided simultaneously herewith).

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

M-2653     People v Mackie, Coydine

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

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

M-2654     People v Vanderveer, Alan

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

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

M-2710     People v Thomas, Wesley

Leave to prosecute appeal as a poor person from the judgment of resentence granted, as indicated; poor person relief and assignment of counsel previously afforded defendant extended to cover same.

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

M-2700     People v Council, Tony

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

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

M-2547     People v Wilson, Marvin

Counsel substituted.

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

M-2619     People v Hart, Zebadiah

Counsel substituted.

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

M-2646     People v Ozuna, Beato

Leave to relieve counsel and related relief denied.

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

M-2695     In the Matter of B., Jose Thomas F., also known as
F., Jose Thomas, Sr. v R., Rosa, also known as
A., Rosa R.N.

Leave to prosecute appeal as a poor person denied.

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

M-2671     Melcher v Apollo Medical Fund Management, L.L.C.

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

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

M-2826     Ward v Eastchester Health Care Center, LLC

Time to perfect appeal enlarged to the November 2005 Term.

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

M-2822     NNA Restaurant Management LLC v Eshaghian     

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

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

M-2445     People v Dawkins, Lawrence

Time to perfect appeal enlarged to on or before
October 3, 2005 for the December 2005 Term; so much of the order of this Court entered May 19, 2005 (M-1541) which directed a reconstruction hearing vacated; motion otherwise denied.

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

M-2533     Santiago v Kessler

Appeals consolidated; time to perfect same enlarged to on or before October 3, 2005 for the December 2005 Term, as indicated.

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

M-2611     Barnett v Barnett

Stay granted to the extent of continuing interim relief granted by order of a Justice of this Court dated June 9, 2005 on condition appeal perfected for the November 2005 Term, as indicated.

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

M-1839     People v Trubin, Andrew

Writ of error coram nobis and other relief denied.

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

M-2767     Vento v The City of New York
M-3012     (And Other Actions)

Time to perfect appeal enlarged to on or before October 3, 2005 for the December 2005 Term. Dismissal of appeal granted unless appeal perfected for said Term, as indicated.

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

M-634     Rivera v New York City Housing Authority

Time to perfect appeal from judgment of the Supreme Court, New York County entered on or about August 17, 2004, enlarged to the November 2005 Term. Appeal from decision rendered on October 17, 2003 dismissed.

Mazzarelli, J.P., Andrias, Friedman, Nardelli, JJ.

M-2523     People v Darbasie, Steven

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

Mazzarelli, J.P., Saxe, Friedman, Williams, JJ.

M-4322     People v Anthony, Corey, also known as
Anderson, John

Writ of error coram nobis and other relief denied.

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

M-2633     People v Bonet, Angel

Leave to amend notice of appeal granted to the extent indicated.

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

M-2396     In the Matter of H., Tony - Edwin Gould
Services for Children

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

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

M-2522     In the Matter of D., Marquis

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

Tom, J.

M-2470     People v Johnson, David

Leave to appeal to this Court denied.

Tom, J.

M-2471     People v Cecilio, Antonio

Leave to appeal to this Court denied.

Tom, J.

M-2473     People v Johnson, David

Leave to appeal to this Court denied.

Tom, J.

M-2490     People v Parker, Roy L.

Leave to appeal to this Court denied.

Tom, J.

M-2526     People v Lee, Seokbae, also known as
Lee, Seok Bae

Leave to appeal to this Court denied.

Tom, J.

M-2528     People v Medina, Freddy

Leave to appeal to this Court denied.

Tom, J.

M-2529     People v Mawhinney, Nevin

Leave to appeal to this Court denied.

Saxe, J.

M-1814     People v Devonish, James

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

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

M-5736     In the Matter of David J. Rodkin,
an attorney and counselor-at-law:

Respondent suspended from the practice of law in the State of New York, for a period of six months, effective August 22, 2005 and until further order of this Court. Opinion Per Curiam. All concur.