First Department Motions
THE FOLLOWING MOTION ORDERS WERE ENTERED AND FILED ON MAY 31, 2005
Buckley, P.J., Tom, Mazzarelli, Andrias, Saxe, JJ.

M-2235X     Relay v Walter & Samuels, Inc.
(And a third-party action)

Appeal withdrawn.

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

M-2236X     Edgewater Apartments, Inc. v Admiral Insurance Co.

Appeal withdrawn.

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

M-2336X     Green v William Penn Life Insurance Company of New York

Appeal withdrawn.

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

M-2062     People v Wilson, 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. Time to perfect appeal enlarged to the October 2005 Term.

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

M-2063     People v Chipp, Jerome

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. Time to perfect appeal enlarged to the October 2005 Term.

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

M-2064     People v Wilkens, George

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. Time to perfect appeal enlarged to the October 2005 Term.

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

M-1792     People v Garcia, Carlos

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

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

M-2010     People v McMillon, Melvin, true name
      McMillan, Melvin

Leave to file pro se supplemental brief granted to the extent of directing defendant to file pro se supplemental brief on or before September 6, 2005 for the November 2005 Term, to which Term appeal adjourned, as indicated.

Buckley, P.J., Tom, Mazzarelli, Ellerin, Gonzalez, JJ.

M-1988     The City of New York v P.A. Building Company

Time to perfect appeal enlarged to the September 2005 Term.

Buckley, P.J., Tom, Mazzarelli, Ellerin, Gonzalez, JJ.

M-1989     Chubb & Son, Inc. v Sharp International Corp.

Time to perfect appeal enlarged to the September 2005 Term.

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

M-2050     People v Rodriguez, Juan

Time to perfect appeal enlarged to the October 2005 Term.

Buckley, P.J., Tom, Mazzarelli, Ellerin, Gonzalez, JJ.

M-1894     Wells Fargo Bank Minnesota v CD Video, Inc.

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

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

M-2102     Frobose v Weiner

Stay of trial denied.

Tom, J.P., Saxe, Marlow, Williams, Sweeny, JJ.

M-1173     Landgraff v 1579 Bronx River Avenue, LLC
(And a Third Party Action)

Reargument granted and upon reargument, the decision and order of this Court, entered on February 8, 2005 (Appeal No. 4292, recalled and vacated and a new decision and order substituted therefor. (See Appeal No. 4292 decided simultaneously herewith). Leave to appeal to the Court of Appeals denied, as indicated.

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

M-2066     People v Ferguson, Elizabeth

Appeal deemed withdrawn.

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

M-2101     People v Darrett, Cedric

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

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

M-2119     People v Quinones, Daniel

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

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

M-1514     People v Sutton, Kenneth

Counsel substituted.

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

M-1984     In the Matter of Gedin v The New York City
Housing Authority

Renewal/reargument denied.

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

M-1855     Middletonv New York City Transit Authority

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

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

M-1867     People v Merejildo, Jose Castro

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

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

M-1903     People v Rivera, Isaac

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

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

M-2038     In the Matter of D., Roberto

Time to perfect appeal enlarged to the September 2005 Term.

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

M-1870     People v Lomiller, Stephen, also known as
      Miller, Steph

Time to perfect appeals enlarged to the September 2005 Term.

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

M-1881     People v Ramirez, Rafael

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

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

M-1998     People v Safford, Velvet

Appeal deemed withdrawn.

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

M-1999     People v O'Neal, John

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.

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

M-1951     People v Warren, Michael

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

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

M-1956     People v Ramirez, Richard

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

Saxe, J.P., Marlow, Sullivan, Williams, Gonzalez, JJ.

M-1652     In the Matter of L. Elizabeth Arielle -
          Episcopal Social Services

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

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

M-1813     Roth v Spielman

Time to perfect appeal enlarged to the September 2005 Term.

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

M-1960     People ex rel. Cameron, Kenneth v Curcio

Writ of habeas corpus granted; matter transferred to Supreme Court, New York County, as indicated; motion otherwise denied.

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

M-2028     In the Matter of Livingston v New York City
          Housing Authority

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

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

M-2002     Mt. McKinley Insurance Company v Corning Incorporated

Leave to take judicial notice of a certain decision denied, as indicated.

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

M-1824     People v Perez, Javier, also known as
      Portolaton, Jonathan

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

Marlow, J.

M-1436     People v Devine, Thomas

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-2106Robert L. Chender, admitted on 2-2-81,
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 order was entered and filed on May 26, 2005:
Mazzarelli, J.P., Andrias, Saxe, Marlow, Sullivan, JJ.

M-2013     East 44th Street Realty LLC v
M-1932     East Forty-Fourth Street LLC

Stay granted upon the terms and conditions contained in the order of a Justice of this Court dated May 6, 2005 and upon
the further condition that plaintiff perfects appeal for the October 2005 Term and cross motion granted to extent indicated, and otherwise denied, as indicated.

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

M-1563     Murphy v Murphy

Stay granted on condition plaintiff pays his pro rata child care obligation and perfects appeal for the October 2005 Term, all as indicated.