First Department Motions
THE FOLLOWING MOTION ORDERS WERE ENTERED AND FILED ON MAY 24, 2005
Buckley, P.J., Tom, Mazzarelli, Andrias, Saxe, JJ.

M-2112X     BDO Seidman, LLP. v Bloom

Appeal withdrawn.

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

M-2165X     Toal v York Hunter Construction Services

Appeal withdrawn.

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

M-2166X     Duane Reade v York Towers, Inc.

Appeals withdrawn.

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

M-1712     Stark v Molod Spitz DeSantis & Stark, P.C.

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

Buckley, P.J., Marlow, Sullivan, Gonzalez, Sweeny, JJ.

M-1740     People v Jenkins, Kevin

Leave to prosecute appeal as a poor person and related relief granted; Clerk of the Supreme Court shall expeditiously have made and file with the Criminal Court two transcripts of the SORA hearing and other proceedings, all as indicated.

Buckley, P.J., Saxe, Friedman, Williams, Sweeny, JJ.

M-1887     People v Ladson, Lorenzo, also known as
Ladson, Lorenso

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

Buckley, P.J., Marlow, Ellerin, Gonzalez, Sweeny, JJ.

M-806A     In the Matter of J., Imani
M-980A     -Children's Aid Society

Appeals consolidated; time to perfect same enlarged to the December 2005 Term; poor person relief previously granted for appeal from the order of the Family Court, New York County, entered on or about May 13, 2004, extended to cover appeal from order of the same court entered on or about December 17, 2001 under Docket No. 12180/01. Order of this Court entered on May 5, 2005 (M-806/M-980) recalled and vacated.

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

M-1535     Olszewski v Park Terrace Gardens, Inc.
M-1696      (And a Third Party Action)

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

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

M-164     Doucoure v Atlantic Development Group, LLC
(And a Third Party Action)

Reargument granted, and upon reargument, the decision and order of this Court, entered on November 18, 2004 (Appeal No. 4644), recalled and vacated and a new decision and order substituted therefor. (See Appeal No. 4644 decided simultaneously herewith). Leave to appeal to the Court of Appeals denied.

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

M-1815     Blau v Blau

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

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

M-677     In the Matter of R., Simon v N., Lillian

Appeal dismissed, as indicated.

Tom, J.P., Friedman, Ellerin, Nardelli, JJ.

M-410     Balbuena v IDR Realty LLC
M-465     -Attorney General of the State of New York
M-787

Leave to reargue by third-party defendant-appellant (M-787) and plaintiffs-respondents (M-410) denied; leave to the Attorney General of the State of New York to intervene and for reargument (Appeal No. 2191) granted, as indicated, and, upon reargument, the prior determination adhered to (See M-465). Plaintiffs-respondents and intervenor Attorney General granted leave to appeal to the Court of Appeals, as indicated. (See M-466 decided simultaneously herewith).

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

M-466     Sanango v 200 East 16th Street Housing Corporation
(And a Third Party Action)
-Attorney General of the State of New York

Leave to the Attorney General of the State of New York to intervene granted, as indicated. So much of the motion as seeks reargument or, in the alternative, leave to appeal to the Court of Appeals deemed withdrawn; dismissal of appeal and vacatur of prior decision and order of this Court entered December 28, 2004 (Appeal No. 2571) denied. (See M-410/M-465/ M-787, decided simultaneously herewith).

Tom, J.P., Andrias, Sullivan, Ellerin, Sweeny, JJ.

M-1308     People v Ferreras, Alejandro

Reargument granted only to the extent indicated; supplemental pro se brief directed to be filed on or before September 6, 2005; motion otherwise denied, with leave to renew, as indicated.

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

M-1399     People v Spencer, Herman, also known as
Powell, Herman

Reargument/renewal denied.

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

M-1727     In the Matter of L., "Female", also known as
L., Emma; and C., Shantay, also known as
L., Chante Channa
          -Family Support Systems Unlimited, Inc.

Appeals consolidated, as indicated.

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

M-5610     People v Sherrod, Leon

Reargument denied.

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

M-1921     People v Fredericks, Harold

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

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

M-1861     People ex rel. Forney, Alfonso v Horn

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

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

M-1868     General Electric Capital Corporation v
Pacheco & Lugo, P.L.L.C.
(And a Third Party Action)

Time to perfect appeal enlarged to the September 2005 Term.

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

M-2030     In the Matter of G., Kelvin

Time to perfect appeal enlarged to the September 2005 Term.

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

M-2033     In the Matter of C., Wendy

Time to perfect appeal enlarged to the September 2005 Term.

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

M-1850     People v Coley, Kevin

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

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

M-1879     People v Freeman, Rodney

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

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

M-1880     People v Balensuela, Anicasio, also known as
Batisto, Carlos

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

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

M-1911     People v Morales, Isaac

Pro se supplemental brief to be filed for the October 2005 Term, as indicated.

Andrias, J.P., Sullivan, Ellerin, Nardelli, JJ.

M-4920     People v Spaulding, Leighton

Reargument denied.

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

M-1990     Israel v Paul Medical, P.C.

Stay denied.

Friedman, J.P., Sullivan, Gonzalez, Sweeny, Catterson, JJ.

M-1767     Marek, doing business as Zinc v
Fross, Zelnick Lehrman & Zissu, P.C.

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

Friedman, J.P., Sullivan, Gonzalez, Sweeny, Catterson, JJ.

M-1825     People v Harris, Patrick

Leave to prosecute appeal as a poor person granted, as indicated; motion otherwise denied.

Friedman, J.P., Sullivan, Gonzalez, Sweeny, Catterson, JJ.

M-1866     People v Jackson, Edward

Supplemental brief deemed timely filed; additional copies of supplemental brief to be filed immediately for the September 2005 Term.

Friedman, J.P., Sullivan, Gonzalez, Sweeny, Catterson, JJ.

M-1765     In the Matter of W., Darrell

Time to perfect appeal enlarged to the September 2005 Term.

Friedman, J.P., Sullivan, Gonzalez, Sweeny, Catterson, JJ.

M-1764     In the Matter of G., Lucy

Time to perfect appeal enlarged to the September 2005 Term.

Friedman, J.P., Sullivan, Gonzalez, Sweeny, Catterson, JJ.

M-1823     People v Hakakanjin, Becir, also known as
Hakanjin, Becir, also known as Hakaj, Benny

Enlargement of time to file notice of appeal denied, as indicated.

Friedman, J.P., Sullivan, Gonzalez, Sweeny, Catterson, JJ.

M-1753     Fernandez v Hico Corporation
(And a Third Party Action)

Time to perfect appeal enlarged to the October 2005 Term.

Friedman, J.P., Sullivan, Gonzalez, Sweeny, Catterson, JJ.

M-1991     United States Philips Corporation v Sethi

CPLR 5704(a) relief denied.

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

M-1249     In the Matter of G., Daniella C., and
G., Frank R.
-Catholic Home Bureau for Dependent Children

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

Andrias, J.

M-1624     People v Wells, Carl

Leave to appeal to this Court denied.

Sweeny, J.

M-997     People v Stern, Allan

Leave to appeal to this Court denied.

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

M-998     In the Matter of Daniel S. Chilewich
(admitted as Daniel Seth Chilewich),
an attorney and counselor-at-law:

Respondent's name stricken from the roll of attorneys and counselors-at-law in the State of New York, effective nunc pro tunc to February 2, 2005. Opinion Per Curiam. All concur.

The following orders were entered and filed on May 19, 2005:
Buckley, P.J., Marlow, Sullivan, Gonzalez, Sweeny, JJ.

M-1647     In the Matter of S., Ira v S., Lauren

Counsel substituted, as indicated. (See M-1812 and M-1860, decided simultaneously herewith).

Buckley, P.J., Marlow, Sullivan, Gonzalez, Sweeny, JJ.

M-1812     In the Matter of S., Ira v S., Lauren

Poor person relief previously granted by order of this Court entered on November 7, 2002 (M-4735A) extended to cover the appeal from order entered on or about December 10, 2004. (See M-1647 and M-1860, decided simultaneously herewith).

Buckley, P.J., Marlow, Sullivan, Gonzalez, Sweeny, JJ.

M-1860     In the Matter of S., Ira v S., Lauren

Counsel substituted, as indicated. (See M-1647 and M-1812, decided simultaneously herewith).

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

M-1714     28 Properties, Inc. v Akleh Realty Corp.

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

Friedman, J.P., Sullivan, Gonzalez, Sweeny, Catterson, JJ.

M-1865     Lerman v The City of New York
M-1895     

Motion 1865 deemed withdrawn; stay of proceedings, including trial, granted pending appeal and cross appeal, which parties are directed to perfect for the October 2005 Term      (M-1895).

Friedman, J.P., Sullivan, Gonzalez, Sweeny, Catterson, JJ.

M-1937     480 Associates, Inc. v S.A. II, LLC

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