First Department Motions
THE FOLLOWING MOTION ORDERS WERE ENTERED AND FILED ON NOVEMBER 18, 2004
Buckley, P.J., Nardelli, Tom, Mazzarelli, Andrias, JJ.

M-4779 (D.C. #42)     People v Lopes, Joge, also known as
                          Larios, Marco

Upon the Court's own motion, appeal dismissed.

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

M-4845 (D.C. #88)     People v Torres, Nelson

Upon the Court's own motion, appeal dismissed.

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

M-4702 (D.C. #6)     People v Beazer, Lamont

M-4703 (D.C. #7)           Bodden, Luis

M-4704 (D.C. #8)           Bonilla, Javier

M-4705 (D.C. #9)           Carney, Mark

M-4707 (D.C. #11)           Collins, Mark

M-4708 (D.C. #12)           Crews, Matthew

M-4709 (D.C. #13)           Crisostomo, Fernando, also known as
                          Cristostomo, Fernando

Upon the Court's own motion, time to perfect appeals enlarged to the March 2005 Term, as indicated.

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

M-4733 (D.C. #17)     People v Diaz, Jose, also known as
                          Diaz, Alex, also known as
                          Vielman, Alex

M-4740 (D.C. #21)           Foy, Kenneth

M-4741 (D.C. #22)           Francis, Terrence

M-4742 (D.C. #23)           Fuentes, Jose

M-4743 (D.C. #24)           Garcia, Jason

M-4746 (D.C. #27)           Grant, Egbert

M-4747 (D.C. #28)           Griffin, Allen

M-4748 (D.C. #29)           Hart, Zebediah

M-4757 (D.C. #37)           Johnson, Abdul, also known as
                          Johnson, Abdul Warith

M-4771 (D.C. #38)           Joseph, Michael

M-4760 (D.C. #39)           Joseph, Michael

M-4773 (D.C. #41)           Legrand, Nico

M-4780 (D.C. #43)           Lopez, William

M-4792 (D.C. #50)           Miller, Tyrone

M-4796 (D.C. #54)           Murphy, Angel

M-4797 (D.C. #55)           Neely, Robert

M-4804 (D.C. #62)           Pennington, Karl

M-4819 (D.C. #64)           Picard, Randy

Upon the Court's own motion, time to perfect appeals enlarged to the March 2005 Term, as indicated.

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

M-4818 (D.C. #68)     People v Randolph, Jordan A., also known as
                          Randolph, Jordan

M-4821 (D.C. #69)           Reid, Cedric

M-4824 (D.C. #71)           Rodriguez, David

M-4827 (D.C. #74)           Salley, Sean

M-4829 (D.C. #75)           Sanchez, Rolin, also known as
                          Paulino, Braudo J., also known as
                          Polino, Braudo

M-4831 (D.C. #77)           Seeley, Shelton, also known as
                          Shelton, Seeley

M-4832 (D.C. #78)           Sellers, Louise

M-4834 (D.C. #80)           Sierra, Antonio

M-4840 (D.C. #83)           Steele, Londell, also known as
                          Steele, Hassan

M-4841 (D.C. #84)           Stevic, Zoran, also known as
                          Zoran, Stevic

M-4848 (D.C. #91)           Vazquez, Victor

M-4851 (D.C. #94)           Williams, Damon

M-4853 (D.C. #96)           Williams, Derrick

Upon the Court's own motion, time to perfect appeals enlarged to the March 2005 Term, as indicated.

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

M-4413     In the Matter of Connor v N.Y.C. Police Department

Leave to prosecute proceeding as a poor person granted to the extent indicated; time to perfect proceeding enlarged to the March 2005 Term, all as indicated.

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

M-4435     Lanzot v Blecher

Time to perfect consolidated appeals enlarged to the March 2005 Term, as indicated.

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

M-4542     In the Matter of Moore-Goecks v Department of Education of the City School District of the City of New York

Leave to expedite briefing schedule granted to the extent of directing respondents-appellants to perfect appeal for the April 2005 Term.

Buckley, P.J., Lerner, Friedman, Sweeny, Catterson, JJ.

M-3814     Siao-Pao v Travis

Leave to prosecute appeal as a poor person granted, transcription of minutes directed, all as indicated.

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

M-4362     People v Jaquez, Severiana, also known as
                Jacquez, Severiana

Leave to prosecute appeal as a poor person denied.

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

M-4715     In the Matter of D., Dyandria - Administration for Children's Services

Leave to be relieved as counsel denied.

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

M-4569     The City of New York v QBE Insurance Corp.

Stay denied.

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

M-4363     People v Walker, Harry

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

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

M-4364     People v Torres, Juan, also known as
                Bernard, Wilson Eberto, also known as
                Bernard, Wilson

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

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

M-4442     People v Santo, Miguel, also known as
                Pena, Jose

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

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

M-4472     People v O'Flaherty, Roderick

Leave to prosecute appeal as a poor person granted to the extent indicated; time to perfect appeal enlarged to the February 2005 Term.

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

M-4427     People v Alvarez, Ernesto Perez, also known as
                Alvarez-Perez, Ernesto

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

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

M-4428     People v Rodriguez, Raymundo

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

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

M-4290     Lezzieri v State Division of Human Rights

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

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

M-4376     Otero v Manhattan and Bronx Surface Transit
M-4421     Operating Authority (M.A.B.S.T.O.A.)

Time to perfect appeal and cross appeal enlarged to the March 2005 Term.

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

M-2633     In re Papasoff v Cockrell

Reargument granted and upon reargument, the decision and order of this Court, entered on May 25, 2004 (Appeal No. 3713), recalled and vacated and a new decision and order substituted therefor. (See Appeal No. 3713, decided simultaneously herewith.)

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

M-4230     People v Smith, Jerry

Appeal deemed withdrawn.

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

M-4458     Marcus v Marcus
M-4652
Dismissal of appeal denied, as indicated; preference granted to the extent of directing Clerk to calendar appeal for hearing in the second week of December 2004 Term.

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

M-4099     Munoz v Holingsworth

Time to perfect appeal enlarged to the March 2005 Term.

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

M-4399     People v Palacio, Heriberto

Leave to file pro se supplemental brief granted to the March 2005 Term, to which Term appeal adjourned.

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

M-4254     People v White, Allan

Appeal abated; matter remanded to Supreme Court, New York County to vacate judgment of conviction, all as indicated.

Mazzarelli, J.P., Ellerin, Lerner, Friedman, Sweeny, JJ.

M-4017     Martinez v Home Assistance Technicians, Inc.

Stay denied.

Mazzarelli, J.P., Ellerin, Lerner, Friedman, Sweeny, JJ.

M-4298     Kowalchuk v Economy Elevator of New York Inc.

Time to perfect appeal enlarged to the April 2005 Term.

Mazzarelli, J.P., Ellerin, Lerner, Friedman, Sweeny, JJ.

M-4534     In the Matter of Lewis v Pascucci

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

Mazzarelli, J.P., Ellerin, Lerner, Friedman, Sweeny, JJ.

M-4616     Marosu Realty Corporation v The Community
M-4727     Preservation Corporation

Time to perfect appeal and cross appeal enlarged to the April 2005 Term, as indicated.

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

M-4394     People v Sehn, James

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

Mazzarelli, J.P., Ellerin, Lerner, Friedman, Sweeny, JJ.

M-4533     People ex rel. Holloway, Darren Lee v Pagan

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

Sullivan, J.P., Ellerin, Williams, Gonzalez, Catterson, JJ.

M-4406     Waltzer v Tradescape & Co., L.L.C., formerly known as
M-4525     C.S. Block & Co., L.L.C.

Appeals consolidated; time to perfect same enlarged to the March 2005 Term; dismissal of same granted unless perfected for said Term, as indicated.

Sullivan, J.P., Ellerin, Williams, Gonzalez, Catterson, JJ.

M-4481     In the Matter of Lavery v The City of New York

Time to perfect appeal enlarged to the May 2005 Term. (See M-4482, decided simultaneously herewith.)

Sullivan, J.P., Ellerin, Williams, Gonzalez, Catterson, JJ.

M-4482     In the Matter of Samaroo v The City of New York

Time to perfect appeal enlarged to the May 2005 Term. (See M-4481, decided simultaneously herewith.)
Sullivan, J.P., Ellerin, Williams, Gonzalez, Catterson, JJ.

M-4459     Calloway v Calloway

Time to perfect appeal denied, with leave to renew, as indicated.

Marlow, J.

M-4573     People v Jackson, Ronald

Reargument denied.

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

M-496     In the Matter of Thomas Zichettello
M-1355     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 February 4, 2004. Opinion Per Curiam. All concur.

The following order was entered and filed on November 16, 2004:
Nardelli, J.P., Sullivan, Ellerin, Marlow, JJ.

M-4968     Clase v Sidoti

Stay of trial granted on condition appeal perfected for the March 2005 Term, as indicated.