First Department Motions
THE FOLLOWING MOTION ORDERS WERE ENTERED AND FILED ON SEPTEMBER 1, 2005
Buckley, P.J., Tom, Mazzarelli, Saxe, Friedman, JJ.

M-3182     In the Matter of Baba v Evans
M-4031

Leave to file supplemental record on appeal denied.

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

M-2939     In the Matter of Y.-T., Summer
-Administration for Children's Services

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

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

M-2289      (D.C.#73)     People v Ortiz, Eulogio     

Upon the Court's own motion, time to perfect appeal enlarged to the February 2006 Term, as indicated.

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

M-2760     People v Alfonso, Efraim, also known as
Alonzo, Efrain, also known as
Alfonso, Efrain

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

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

M-2811A     People v Hernandez, Johnny

Counsel substituted, as indicated. The order of this Court entered on July 7, 2005 (M-2811) recalled and vacated.

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

M-3760     People v Johnson, Catherine

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

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

M-2544     People ex. rel., Forney, Alfonso v Horn

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

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

M-4033     People v Morales, Isaac

Appeal deemed withdrawn.

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

M-3713     Braunstein v Pessin
M-3822
M 3988

Appeal dismissed unless perfected for the December 2005 Term, as indicated; enlargement of time to perfect appeal granted accordingly.

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

M-3704     People v Porfirio, Valerio

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

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

M-3796     People v Rivera, Luis

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

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

M-3646     People v Dais, Quinton

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

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

M-3670     People v Greenslade, Robert

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

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

M-3786     People v Dotson, Tyrone

Leave to file pro se supplemental brief granted for the December 2005 Term, to which Term appeal adjourned, as indicated.

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

M-4032     People v White, Sean

Leave to file pro se supplemental brief and related relief denied.

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

M-3812     People v Sherwood, Roger

Assigned counsel relieved; substitution of retained counsel denied as unnecessary.

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

M-3388     In the Matter of Partee v Clerk's Office

Leave to prosecute appeal as a poor person granted to the extent indicated; assignment of counsel denied.

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

M-3776     In the Matter of Johnson v New York City
Board of Education

Leave to prosecute appeal as a poor person granted to the extent indicated; assignment of counsel denied.

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

M-3817     Pickard v Pickard
M-4004

Supplemental record on appeal to be filed for the November 2005 Term, to which Term appeal adjourned; motion otherwise denied; cross motion denied; all as indicated.

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

M-1502     In the Matter of R., Andrew

Time to perfect appeal enlarged to the December 2005 Term.

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

M-3116     Worth v Patroon Restaurant
(And a Third Party Action)

Time to perfect appeal enlarged to the December 2005 Term.

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

M-3069     Soto v Trinity Morris Corp., sued herein as
M-3838     Trinity Morse Corp., formerly known as
Andros Broadway, Inc.
(And a Third Party Action)

Time to perfect appeal and cross appeal enlarged to the December 2005 Term; stay of trial granted by order of this Court entered March 17, 2005 (M-649) continued, as indicated.

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

M-3804     Kinberg v Garr

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

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

M-3921     Johnson v New York City Department of
Environmental Protection

Time to perfect appeal enlarged to the December 2005 Term; statutory stay extended on condition appeal perfected as indicated.

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

M-3975     Fontaine v Matthews
M-3999

Time to perfect appeal enlarged to the December 2005 Term and appeal dismissed unless perfected for said Term, all as indicated.
                                                                                               

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

M-3435     Braun v The American-Scandinavian Foundation
(And a Third Party Action)

Time to perfect appeal enlarged to the December 2005 Term.

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

M-3773     Pattavina v DiLorenzo-individually and doing
business as West Side Physical Therapy

Time to perfect appeal enlarged to the December 2005 Term.

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

M-3819     Ambase Corporation v Pryor Cashman Sherman
& Flynn LLP

Time to perfect appeal enlarged to the December 2005 Term.

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

M-4039     In the Matter of A., Joshua Wilson, also known
as A., Joshua -The New York Foundling Hospital

Time to perfect appeal enlarged to the December 2005 Term.

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

M-3452     Vizcarrondo v The Board of Education of the
City of New York

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

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

M-3750     In the Matter of "Male", also known as
T., Raheem and T., Amani
-Seamen's Society for Children and Families

Counsel for petitioner-respondent directed to provide copies of Exhibits enumerated 1 and 2 to counsel for appellant, as indicated; time to perfect appeal enlarged to the December 2005 Term.

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

M-3685     People v Rollins, Larry

M-3686           Rizzi, John

M-3724           Wilkens, George

M-3753           Wilson, James

M-3754           Judd, Martin

M-3755           Quintana, Victor

Time to perfect appeals enlarged to the March 2006 Term.

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

M-3326     People v Pratt, Anthony

Transcription of minutes directed and time to perfect appeal enlarged to the March 2006 Term, as indicated.

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

M-3862     Goodman v M. James LLC

Time to perfect appeal enlarged to the April 2006 Term.

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

M-3831     Centennial Insurance Company v Hing Fa, Inc.,
M-4140     trading as Yu's Chinese Restaurant
(And Other Actions)

Leave to file supplemental record on appeal and cross appeals from order entered on or about January 11, 2005 denied; appeal and cross appeals stricken from calendar with leave to parties to reperfect same for the December 2005 Term; perfected appeal from order entered February 10, 2004 adjourned to the December 2005 Term; Clerk is directed to calendar appeals and cross appeals for hearing together and to accept filing without further fee; all as indicated.

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

M-3977     The Bank of New York v River Terrace Associates, LLC
(And Another Action)

Perfected appeal and cross appeal from order entered on or about April 15, 2005 and appeal from order entered on or about April 27, 2005 adjourned to the November 2005 Term; motion otherwise denied. Clerk directed to calendar appeals for hearing together.

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

M-3741     Hernandez v Robles
M-3973
M 3855
M-3949
M 3989

Amici curiae briefs submitted with moving papers deemed filed. (See M-4001 decided simultaneously herewith).

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

M-4001     Hernandez v Robles

Leave to file brief amici curiae brief granted; movants directed to immediately file 10 copies of said brief with Clerk of the Court. (See M-3741, M-3973, M-3855, M-3949, M-3989, decided simultaneously herewith).

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

M-4025     The State of New York v Phillip Morris Incorporated

Amicus curiae brief submitted with moving papers deemed filed.

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

M-4578     Villegas v FC Battery Park Associates, LLC
(And A Third Party Action)

Schindler Elevator Corporation designated cross appellant; FC Battery Park Associates, LLC et al., designated direct appellants; time to perfect cross appeal enlarged to the December 2005 Term, to which Term direct appeal adjourned, as indicated.

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

M-4189     People v Wellens, Evelyn

Leave to enlarge record on appeal granted, as indicated.

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

M-4002     Guerrand-Hermes v Guerrand-Hermes

Leave to file supplemental record on appeal granted. (See M-4003 decided simultaneously herewith).

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

M-4003     Micalden Investments S.A. v Guerrand-Hermes

Leave to file supplemental record on appeal granted. (See M-4002 decided simultaneously herewith).

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

M-3010     In the Matter of Eagle Insurance Company v Gueye

Stay granted on condition appeal perfected for the January 2006 Term, as indicated.

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

M-3355     Steingart v Hoffman

Stay granted on condition appeal perfected for the January 2006 Term, as indicated.

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

M-3696     In the Matter of Gustafson - Hutchinson

Stay granted to extent of continuing relief afforded in the order of a Justice of this Court dated July 23, 2005; counsel directed to perfect appeal for the December 2005 Term, as indicated; motion otherwise denied.

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

M-3951     Krasnow v JRBG Management Corporation

Stay of trial granted.

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

M-3816     Doherty v The City of New York
(And a Third Party Action)

Stay denied.

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

M-3694     Rosen v Moss
M-4548

Stay of trial and all proceedings granted; enlargement of record on appeal granted, as indicated.

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

M-3379     People v Marquez, Pernell

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

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

M-3667     People v Ortiz, Javier

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

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

M-3844     Kashelkar v State of New York

Appeal deemed perfected for the October 2005 Term.

Andrias, J.

M-3890     People v Barnes, Frank

Leave to appeal to this Court granted, as indicated.

Andrias, J.

M-2833     People v Oquendo, Alex

M-2866           Solomon, John

M-3402           Torres, Jonathan

M-3417           Sherman, Khristopher

M-3626           Montero, Edward

Leave to appeal to this Court denied.

Andrias, J.

M-1835     People v Roa, Rudy

Reargument denied.

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

M-657     In the Matter of Richard B. Becker,
an attorney and counselor-at-law:

Respondent publicly censured. Opinion Per Curiam. All concur.