First Department Motions
THE FOLLOWING MOTION ORDERS WERE ENTERED AND FILED ON MARCH 30, 2004
Buckley, P.J., Nardelli, Tom, Mazzarelli, Andrias, JJ.

M-1100Frankel v Pibley Residential Programs, Inc.

M-1126XWhitehall Business Archives, Inc. v
Harleysville Insurance Company of New York

M-1127XTranscontinental Insurance Co. v
AIU Insurance Company

M-1128XCitibank, formerly known as
European American Bank v Corines

M-1129XFarrelly v Rosen

M-1130XFrank v McCutcheon

M-1131XMyers v Myers

Appeals withdrawn.

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

M-1110Celestino v The City of New York

Appeal, previously perfected for the April 2004 Term, withdrawn.

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

M-951In the Matter of A., Pearl M., also known as
A., Pearl Carmen
-Family Support Systems Unlimited

Appeal of respondent-appellant mother Alma C. dismissed, as indicated.

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

M-674People v Manley, Donzala

Appeal abated, as indicated.

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

M-860D'Esposito v Gusrae, Kaplan & Bruno PLLC

Motion deemed withdrawn.

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

M-901People v Afflic, Joseph

M-902 Billupes, Derek

M-903      Davis, Sylvester

M-904      Dudley, Harvey

M-905 Flores, Nelson

M-906 Gillyard, Collier

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

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

M-907People v Gomez, Yakim, also known as
Kadawid, Yakim Gomez, also known as
Gomez-Ka'Dawid, Yahkim

M-908 Hill, Jason

M-909 Kitt, Anthony

M-910      Langley, Shaheen

M-911      Lynn, Robert, also known as
Lynn, Robert E.

M-912           Miller, Kwame

M-913      Mitchell, Silas

M-914      Price, Munoz

M-915 Rayford, James, also known as
Rayford, Jason

M-916 Santos, Jose, also known as
Santos, Jose A.

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

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

M-474APeople v Morales, Miguel

Leave to prosecute appeal as a poor person granted, as indicated. The order of this Court entered on March 18, 2004 (M-474) recalled and vacated.

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

M-784In the Matter of Lillian Goldman Family LLC
v New York State Division of Housing and
Community Renewal

Time to perfect appeal enlarged to the September 2004 Term; appellant directed to perfect under correct index number, all as indicated.

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

M-791Blitzer v New York City Transit Authority

Time to perfect appeal enlarged to the October 2004 Term; motion otherwise denied, with leave to renew, as indicated.

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

M-741D'Alessio v Herman/Stewart Construction &
Development, Inc.

Time to perfect appeal enlarged to the September 2004 Term.

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

M-889Wal-Mart Stores, Inc. v United States Fidelity
M-1091and Guaranty Company

Time to perfect appeals enlarged to the September 2004 Term.

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

M-647Flores v Dearborne Management, Inc.
(And a Third Party Action)

Appeals consolidated; time to perfect same enlarged to the September 2004 Term.

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

M-702People v Encarnacion, Felix

Moving papers deemed a timely filed notice of appeal; poor person relief previously granted extended to cover same.

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

M-140Katzen v Balaj

Reargument denied.

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

M-587Arango v Gotham Construction Co.

Appeal deemed withdrawn.

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

M-606Rosser v Cypress Cluster Apartments
Housing Development Corp.

Appeal deemed withdrawn.

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

M-376People v Stauback, Andrew, also known as
Stauback, Andre, also known as
Stanback, Andre

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

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

M-456Martinez v The New York City Housing Authority

Appeals consolidated; time to perfect same enlarged to the September 2004 Term.

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

M-737Pacific Gas and Electric Company v
Banca Nazionale Del Lavoro SpA

Appeals consolidated; time to perfect same enlarged to the September 2004 Term.

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

M-617Cohen v Cohen
M-774
Appeals consolidated; enlargement of time to perfect same granted for the September 2004 Term; consolidated appeals dismissed unless perfected for said Term, as indicated.

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

M-614Obie v Catsimatidis

Time to perfect appeal enlarged to the September 2004 Term.

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

M-879People v Camacho, Francisco

Record on appeal enlarged, as indicated; time to perfect appeal enlarged to the September 2004 Term.

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

M-1142Kippins v Sheldon Electric Company, Inc.

Stay denied.

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

M-701Arias v Structure tone, Inc.
M-918

Enlargement of time to perfect respective enumerated appeals granted to the September 2004 Term. Appellants from order of said Court entered on or about April 30, 2003 may perfect their appeal(s) on 10 copies of one record and separate briefs.

Nardelli, J.P., Saxe, Lerner, Marlow, JJ.

M-90People ex. rel., Lineberger, Jerry v Soloff

Enlargement of time to appeal to this Court denied, with leave to renew, as indicated.

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

M-805Carr v Caputo

Time to perfect appeal and cross appeals enlarged to
the September 2004 Term.

Tom, J.P., Andrias, Ellerin, Gonzalez, JJ.

M-773People v Dushain, Carl

Enlargement of time to file pro se supplemental brief and related relief denied.

Tom, J.P., Saxe, Ellerin, Lerner, Gonzalez, JJ.

M-1227Newcourt Capital Securities Inc. v
Glogal Common Greenport LLC

Stay denied.

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

M-5719In the Matter of B., Baby Boy, also known as
K., Idrissa
-Association to Benefit Children/
Variety House for Children

Leave to prosecute appeal as a poor person granted, as indicated. (See M-5719A, decided simultaneously herewith).

Andrias, J.

M-5719AIn the Matter of B., Baby Boy, also known as
K., Idrissa
-Association to Benefit Children/
Variety House for Children

Stay denied. (See M-5719, decided simultaneously herewith).

Andrias, J.P., Williams, Lerner, Friedman, Marlow, JJ.

M-571In the Matter of K., Tristram v K., Ging

Appeals consolidated; time to perfect same enlarged to the September 2004 Term. (See M-571A, decided simultaneously herewith).

Andrias, J.

M-571AIn the Matter of K., Tristram v K., Ging

Stay denied. (See M-571, decided simultaneously herewith).

Ellerin, J.P., Williams, Lerner, Marlow, JJ.

M-427People v Reyes, Kemil

Enlargement of time to file notice of appeal denied.

Lerner, J.

M-679People v Felder, Rita

Leave to appeal to this Court denied.

Gonzalez, J.

M-5452People v Leak, James

Leave to appeal to this Court granted, as indicated.

The following orders were entered and filed on March 25, 2004
Buckley, P.J., Mazzarelli, Sullivan, Friedman, Gonzalez, JJ.

M-1120Van Der Lande v Stout

Stay granted on condition plaintiff perfects appeal for the September 2004 Term, as indicated.

Tom, J.P., Saxe, Ellerin, Lerner, Gonzalez, JJ.

M-1004Rutigliano v Rutigliano
(And a Third-Party Action)

Appeal adjourned to the June 2004 Term; motion otherwise denied.

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

M-1214Harris v Board of Directors of the Union,
Theological Seminary of New York

Stay denied.

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

M-142APeople v Espaillat, Elvin

Moving papers deemed a timely filed notice of appeal; leave to prosecute appeal as a poor person granted, as indicated. The order of this Court entered on March 9, 2004 (M-142) recalled and vacated.