First Department Motions
THE FOLLOWING MOTION ORDERS WERE ENTERED AND FILED ON MAY 3, 2005
Buckley, P.J., Tom, Mazzarelli, Andrias, Saxe, JJ.

M-1738     People v Washington, Willie

Appeal withdrawn.

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

M-1739     People v Lopez, Juan

Appeal withdrawn.

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

M-1768X     Kamienski v M and K Petroleum, LLC

Appeal withdrawn.

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

M-1820     In the Matter of Motta v Huttner

Appeal, previously perfected for the June 2005 Term, withdrawn.

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

M-1650     Met Life Auto & Home v Merino

Time to perfect appeal enlarged to the October 2005 Term.

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

M-1233     People v Lebron, Elvin

Leave to prosecute appeal as a poor person denied; purported appeal dismissed.

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

M-1577     People v Antomattei, Candido

M-1578           Blake, Deanie

M-1579           Bligen, Terry

M-1581           Clarke, Troy

M-1582           Cloyce, Edward

M-1583           Contreras, Walkins

M-1584           Delacruz, Marcelino

M-1585           Fernando, Salazar, also known as
                Salazar, Fernando, also known as
                Salasar, Fernando

M-1586           Guerrero, Richard

M-1588           Hernandez, Raphael, also known as
                Hernandez, Rafael

M-1589           Kip, Purdie, also known as
                Purdie, Kip

M-1590           Leslie, Nicholas, also known as
                Thomas, Paul

M-1591           Medina, Robert

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

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

M-1592 People v Peralta, Edward

M-1593           P�rez, Javier

M-1594           Pleasant, Lamar, also known as
                Pleasant, Lamaar

M-1595           Raphael, Patrick

M-1596           Rodriguez, Thomas

M-1597           Rogers, Reggie

M-1598           Serrano, Jose

M-1599           Small, Sylvester

M-1600           Spencer, Gary, also known as
                Spencer, Gary R.

M-1601           Tenden, Velton

M-1602           Watts, James

M-1604           Wynn, Charles, also known as
                Wynn, Charles, Sr., also known as
                Wynn, Charles L., Sr.

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

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

M-1525     Cholewinski v Wisnicki

Stay granted.

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

M-1444     Shared Communications Services of ESR, Inc. v
          Goldman, Sachs & Co.

Leave to submit proposed supplemental record on appeal denied, as indicated.

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

M-1453     People v Harrison, Steven

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

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

M-1463     Telesford v Patterson

Leave to respond as a poor person granted to the extent indicated; appeal adjourned to the September 2005 Term; motion otherwise denied.

Tom, J.P., Ellerin, Williams, Catterson, JJ.

M-1506     People v Williams, Pierre

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

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

M-1154     People ex rel. Sims, Patrick v Warden

Moving papers deemed a timely filed notice of appeal; leave to prosecute appeal as a poor person granted to the extent indicated; motion otherwise denied.

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

M-743     Sterling v Saint Vincent's Hospital and Medical Center

Appeal deemed withdrawn.

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

M-1683     397 West 12th Street Corp. v Zupa

Stay of trial granted by order of this Court entered March 24, 2005 (M-922) continued; Clerk directed to calendar appeal for hearing in the third week of the June 2005 Term; responding brief to be served and filed on or before May 18, 2005, with reply, if any, to be served and filed on or before May 25, 2005; motion otherwise denied.

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

M-1531     Lincoln Life and Annuity Company of New York v Caswell

Stay denied; interim relief granted by order of a Justice of this Court, dated April 4, 2005, vacated.

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

M-1711     Ainetchi v 500 West End LLC

Stay of trial denied.

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

M-1540     In the Matter of P., Dominique Leonard; M., Desean Charles - St. Vincent's Services, Inc.

Transcription of minutes directed; time to perfect appeal enlarged to the October 2005 Term.

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

M-1643     1319 Third Avenue Realty Corp. v
          Chateaubriant Restaurant Development Company, LLC

Leave to file pro se supplemental record on appeal denied; plaintiff-appellant directed to insert a typed-out copy of the order on appeal/review in the record on appeal as page 6A following page 6.

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

M-1565     People v Polanco, Kenny

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

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

M-1508     People v Martinez, Anthony

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

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

M-1504     Launders v Steinberg
M-1695

Enlargement of time to perfect appeal denied, without prejudice to renew and dismissal of appeal denied, with leave to renew, all as indicated.

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

M-1282     In the Matter of R., "Male", also known as
          R., Aaron; R., Divine -
          C., Betty, also known as P., Betty v
          Office of Children and Family Services

Time to perfect appeal enlarged to the September 2005 Term.

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

M-1347     Baez v Rahamatali

Time to perfect appeal enlarged to the September 2005 Term.

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

M-1539     Velez v City of New York

Time to perfect appeal enlarged to the September 2005 Term.

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

M-1560     Total Renovation & Construction v Dykstra

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

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

M-1280     Favia v Weatherby Construction

Time to perfect appeal enlarged to the October 2005 Term.

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

M-1670     Chalk & Vermillion LLC v Thomas F. McKnight, LLC v Rogath

Time to perfect appeal enlarged to the October 2005 Term.

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

M-1509     In the Matter of Seidner - L., Madeline - Turchiarelli;
          In the Matter of Seidner - L., Vivian - Turchiarelli

Appeals consolidated; time to perfect same enlarged to the September 2005 Term.

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

M-1304     People v Rivera, Isabel

Counsel substituted.

Marlow, J.P., Gonzalez, Sweeny, Catterson, JJ.

M-1507     People v Ortiz, Lyndon

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

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

M-927     Kashelkar v Dave
(And another action)

Leave to file printed record on appeal denied; time to perfect consolidated appeals enlarged to the September 2005 Term, as indicated; motion otherwise 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-1685Suzanne Randy Phillips,
admitted on March 15, 1978,
at a Term of the Appellate Division,
Second Department

Respondent reinstated as an attorney and counselor-at-law in the State of New York, effective the date hereof. No opinion. All concur.

Tom, J.P., Friedman, Ellerin, Sweeny, Catterson, JJ.

M-5571     In the Matter of Howard Gotbetter,
M 5815     an attorney and counselor-at-law:

Respondent suspended from the practice of law in the State of New York, for a period of three months, effective
June 2, 2005, until such time as disciplinary matters pending before the Committee have been concluded, and until further order of this Court. Opinion Per Curiam. All concur.

The Following Orders Were Entered And Filed On April 28, 2005:
Tom, J.P., Friedman, Ellerin, Sweeny, Catterson, JJ.

M-1498     Fong v Yu

Reargument and/or for alternative relief denied.

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

M-1521     Wolfer v 184 Fifth Ave. LLC
M-1667

Stay of trial granted on condition appeal perfected for the October 2005 Term, as indicated; motion otherwise denied.

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

M-133     People v Brito, Wendy

Writ of error coram nobis and related relief denied.