First Department Motions
THE FOLLOWING MOTION ORDERS WERE ENTERED AND FILED ON MAY 25, 2004
Buckley, P.J., Nardelli, Tom, Andrias, JJ.

M-1951 People v Myers, Anthony

M-1957X     Giustizia v Cow-Bay Contracting
(And a third-party action)

M-1959X     Quiroz v Lopiccolo

M-1960X     Larocca v Altman

M-1962X     Mohabir v Teh, also known as Castillo

M-1995X     Romero v Americon Construction, Inc.

Appeals withdrawn.

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

M-1964     In the Matter of St. Paul Fire and Marine Insurance Company v Singh

Appeal, previously perfected for the June 2004 Term, withdrawn.

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

M-1998     Hughes Hubbard & Reed LLP v Anchor Construction, Inc.

Appeal, previously perfected for the June 2004 Term, withdrawn.

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

M-500     People ex rel. DeLoSanto, Rafael, also known as
                         DeLaSanto, Rafael v Warden

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

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

M-1311     Paris v Waterman Steamship Corporation
M-1514

Leave to appeal to the Court of Appeals denied; costs and other relief denied.

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

M-1505     People v Polanco, Martinian, also known as
                Polanco, Martiniano

Appeal deemed withdrawn.

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

M-1438     People v Garcia, Rafael

Appeal dismissed.

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

M-1655     Beuacqua, also known as Bevacqua v Bronxwood Home for the Aged

Appeal dismissed.

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

M-1278     In the Matter of L., Jacqueline Y. v W., Gary R.

Dismissal of appeal denied. (See M-1082, decided simultaneously herewith.)

Saxe, J.

M-1082     In the Matter of L., Jacqueline Y. v W., Gary R.

Stay denied. (See M-1278, decided simultaneously herewith.)

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

M-1822     Missan v The Equitable Life Assurance Society of the United States

Stay denied.

Nardelli, J.P., Lerner, Friedman, Marlow, Gonzalez, JJ.

M-2005     Bruckner Southern, LLC v Consolidated Edison Company of
M-2111 New York, Inc.

Stay of condemnation proceedings denied; cross motion granted to the extent of dismissing the proceeding as time-barred, as indicated.

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

M-1494     People v Munguia, Carlos

Enlargement of time to file a notice of appeal and other relief denied.

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

M-1611     In the Matter of R., Lenny - Sheltering Arms Children Services

Leave to prosecute appeal as a poor person granted, as indicated. (See M-1611A, decided simultaneously herewith.)

Andrias, J.

M-1611A     In the Matter of R., Lenny - Sheltering Arms Children Services

Stay denied. (See M-1611, decided simultaneously herewith.)

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

M-1656     In the Matter of M., Jonathan Ronald - The Children's Village - M., Joseph, also known as M., Peter

Leave to prosecute appeal as a poor person granted, as indicated. (See M-1766 and M-1766A, decided simultaneously herewith.)

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

M-1766     In the Matter of M., Jonathan Ronald - The Children's Village - M., Janine, also known as W., Janine

Leave to prosecute appeal as a poor person granted, as indicated. (See M-1656 and M-1766A, decided simultaneously herewith.)

Andrias, J.

M-1766A     In the Matter of M., Jonathan Ronald - The Children's Village - M., Janine, also known as W., Janine

Stay of adoption proceedings granted on condition appeal perfected for the November 2004 Term. (See M-1656 and M-1766, decided simultaneously herewith.)

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

M-1809     KSB Broadway Associates, LLC v Sanders

Reargument/renewal denied.

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

M-288     People v Velez, Frederick

Writ of error coram nobis denied.

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

M-351     People v Marquez, Harry

Writ of error coram nobis denied.

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

M-1421     In the Matter of S., Sydney Lashawn - New York Foundling Hospital

Appeal dismissed.

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

M-1620     The City of New York v The New York City Civil Service Commission; In the Matter of Ciacciullo v Kelly
[And another action]

Proceedings consolidated, as indicated; petitioner
in proceeding #2 granted leave to file sur-reply brief by October 22, 2004 for the November 2004 Term, to which Term time to perfect consolidated proceedings enlarged.

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

M-1593     In the Matter of H., Sonia v R., Harry Edmonds

Assigned counsel relieve; appeal dismissed.

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

M-1614     In the Matter of B., La'Quan P., also known as                B., La'Quan, also known as B., Laquan;
                B., Lurvey Preston, Jr., also known as                          B., Lurvey, Jr.; B., La'Shaun P., also known as
                B., La'Shaun, also known as B., Lashaun -
                Little Flower Children's Services

Appeal dismissed.

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

M-1692     In the Matter of Zitron v New York State Division of Housing and Community Renewal

Time to perfect appeal from the order entered on or about November 13, 2003 enlarged to the September 2004 Term; motion otherwise denied, as indicated; appeal taken from the order and judgment (one paper) entered on or about May 27, 2003, dismissed.

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

M-735     Giffuni Bros. a/k/a Giffuni Brothers, a Partnership v Gross

Leave to appeal from the Appellate Term denied; stay of all proceedings denied, as indicated.

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

M-1496     People v Frederick, Joseph

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

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

M-1595     In the Matter of R., Simon v N., Lillian

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

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

M-1628     People v Holguin, William, also known as
                Holaguin, William

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

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

M-1629     People v Padilla, Gabriel

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

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

M-1568     People v Garcia, Luis, also known as
                Garcia, Birli, also known as
                Garcia, Junior

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

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

M-1490     People v Bibbs, Shawn

Notice of appeal deemed amended to include the aforesaid amended judgment rendered on or about March 24, 2004; poor person previously granted continued to cover same; time to perfect amended appeal enlarged to the October 2004 Term; motion otherwise denied.

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

M-1491     People v Wiggins, Carl

Notice of appeal deemed amended to include the aforesaid amended judgment rendered on or about March 24, 2004; poor person previously granted continued to cover same; time to perfect amended appeal enlarged to the October 2004 Term; motion otherwise denied.

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

M-6036     People v Beeman, Earl

Enlargement of time to file notice of appeal and other relief denied.

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

M-1675     People v Gomez, Harold

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

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

M-1647     Bonventre v Gelb

Leave to be relieved as counsel and related relief denied, with leave to renew, as indicated.

Andrias, J.P., Saxe, Sullivan, Gonzalez, JJ.

M-2118     In the Matter of C., Charles, also known as
                     C., Charlie - The Children's Aid
Society

Time to perfect respondent-appellant mother's appeal enlarged to the September 2004 Term, to which Term respondent-appellant father's appeal adjourned and petitioner-respondent directed to provide counsel for respondent-appellant mother with certain exhibits by June 14, 2004, all as indicated.

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

M-601     Mercado v New York University

Enlargement of time to perfect purported appeal denied; purported appeal dismissed, as indicated.

Andrias, J.P., Saxe, Sullivan, Gonzalez, JJ.

M-1768     In re application of Fastag v Kelly

Reargument and/or other relief denied.

Buckley, P.J.

M-1700     People v Centeno, Javier

Leave to appeal to this Court denied.

Mazzarelli, J.

M-5501     People v Thomas, Woodvens

Leave to appeal to this Court denied.

Andrias, J.

M-1264     People v Jackson, Darryl

Stay of judgment and/or other relief denied.

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

M-34In the Matter of Frederick C. Hayes,
an attorney and counselor-at-law:

Respondent publicly censured. Opinion Per Curiam. All concur.