First Department Motions
THE FOLLOWING MOTION ORDERS WERE ENTERED AND FILED ON SEPTEMBER 29, 2005
Buckley, P.J., Tom, Mazzarelli, Andrias, Saxe, JJ.

M-5107     People v Frazier, Lamar

Appeal withdrawn.

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

M-5086     People v Perez, Manuel

Appeal deemed withdrawn.

Buckley, P.J., Andrias, Nardelli, Gonzalez, Sweeny, JJ.

M-3712     In re Witherspoon v Horn

Reargument denied.

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

M-3619     Beth Israel Medical Center v The Department
of Health of the State of New York
Excellus Health Plan, Inc., doing business
as Blue Cross and Blue Shield of Central New York
Healthcare Association of New York State

Leave to appeal to the Court of Appeals denied.

Tom, J.P., Saxe, Nardelli, Catterson, Malone, JJ.

M-4936     People v Neil, Vernon

Leave to file pro se supplemental brief granted, as indicated; appeal adjourned to the February 2006 Term, as indicated.

Tom, J.P., Marlow, Ellerin, Williams, McGuire, JJ.

M-4762     In re Gabellini Associates LLP. v
European Investment Corporation

Stay denied.

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

M-2081     Marcinak v Technical Mechanical Services, Inc.
M-2155     (And another action)

Reargument or other relief denied.

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

M-2675     Feinberg v Boros

Leave to appeal to the Court of Appeals denied.

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

M-2954     Greenfield v Philles Records, Inc.

Leave to appeal to the Court of Appeals denied.

Mazzarelli, J.P., Andrias, Ellerin, Gonzalez, McGuire, JJ.

M-4740     Rivera v The City of New York
M-4963

Time to perfect appeal and cross appeal enlarged to the March 2006 Term.

Mazzarelli, J.P., Andrias, Ellerin, Gonzalez, McGuire, JJ.

M-4661     Rose v The American Tobacco Co.

Preference denied.

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

M-3722     Uriondo v Timberline Camplands, Inc.

Reargument or other relief denied.

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

M-4513     People v Cuadrado, William

Leave to respond to appeal as a poor person granted to the extent indicated; appeal adjourned to the December 2005 Term.

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

M-4680     Arts4All, Ltd. v Hancock
(And Another Action)

Appeals adjourned to the December 2005 Term, as indicated.

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

M-2608     Iurato v City of New York
(And a Third-Party Action)

Reargument or other relief denied.

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

M-3682     In the Matter of R., Isaiah Waamiq
-Graham-Windham

Leave to prosecute appeal as a poor person granted, as indicated. (See M-3682A, decided simultaneously herewith).

Marlow, J.

M-3682A     In the Matter of R., Isaiah Waamiq
-Graham-Windham

Stay denied. (See M-3682, decided simultaneously herewith).

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

M-4930     Acno-Tec Limited v Wall Street Suites, L.L.C.

Vacatur of stay denied.

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

M-4018     In the Matter of A., Sam, also known as
A., Samdell, also known as P., Sam,
also known as P., Samdell
-Little Flower Children's Services

Appeal deemed withdrawn.

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

M-4899     Mission of Saudia Arabia to the United Nations v
Kirkwood Limited

Leave to withdraw as counsel granted, as indicated.

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

M-3945     In the Matter of Y.-T., Summer

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

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

M-3994     Scope v Federated Department Stores, doing
business as Macy's Department Stores, Inc.

Appeal adjourned to the December 2005 Term; motion otherwise denied, as indicated.

Saxe, J.P., Nardelli, Williams, Gonzalez, Catterson, JJ.

M-3538     Abramson v Hertz

Motion deemed withdrawn.

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

M-4673     Brown v Transcare New York Inc., doing business
as Metrocare And Transcare New York, Inc.

Time to perfect appeal enlarged to the January 2006 Term.

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

M-4730     People v Barnes, Frank

Time to perfect appeal enlarged to the January 2006 Term.

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

M-3957     Nguyen v Banque Indosuez

Reargument or other relief denied.

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

M-2881     People v Rodriguez, Boliva

Appeal deemed withdrawn.

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

M-4595     Kuli v 885 Third Avenue Corporation

Appeal dismissed.

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

M-4504     People v Ortiz, Richard

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

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

M-4485     Tafur v City of New York

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

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

M-4508     People ex rel. Rahbu, Leonard,
also known as Newey, Sean v Warden

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

Friedman, Sullivan, Nardelli, Gonzalez, Sweeny, JJ.

M-4726     Paulino v Hearts Service Company, Inc.
(And a third-party action)

Time to perfect appeal enlarged to the February 2006 Term.

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

M-4621     499, Inc. v Monti

Motion for reargument or other relief dismissed, as indicated.

Tom, J.

M-2073     People v Peguero, Junior

Leave to appeal to this Court denied.

Marlow, J.

M-3185     People v Brown, Carl

Leave to appeal to this Court denied.

Marlow, J.

M-3187     People v Lightfoot, Billy

Leave to appeal to this Court denied.     

Marlow, J.

M-3190     People v Johnson, Kevin

Leave to appeal to this Court denied.

Marlow, J.

M-3797     People v Anaya, Raymond

Leave to appeal to this Court denied.

Williams, J.

M-4559     People v Boutte, James

Leave to appeal to this Court denied.

Catterson, J.

M-4566     People v Beckford, Easton

Leave to appeal to this Court denied.

McGuire, J.

M-4535     People v Rivera, Julia

Leave to appeal to this Court denied.

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

M-3991     In the Matter of the Application of
Ileana Aguinis, a resigned attorney:

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

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

In the Matter of Attorneys Who Are in Violation
of Judiciary Law Section 468-a:

M-4966Reginald Earl Jones, admitted on 2-22-77,
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.

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

M-2616     In the Matter of Lester Yudenfriend,
an attorney and counselor-at-law:

Respondent's resignation accepted and his name stricken from the roll of attorneys and counselors-at-law in the State of New York, nunc pro tunc to June 1, 2005. Opinion Per Curiam. All concur.

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

M-2725     In the Matter of Sophia A. Sedlis
(admitted as Sophia Anna Sedlis),
an attorney and counselor-at-law:

Respondent's resignation accepted and her name stricken from the roll of attorneys and counselors-at-law in the State of New York, nunc pro tunc to June 9, 2005. Opinion Per Curiam. All concur.

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

M-1818     In the Matter of Anthony M. Supino
(admitted as Anthony Martin Supino),
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 October 27, 2005, and until further order of this Court, as indicated. Opinion Per Curiam. All concur.

The following orders were entered and filed on September 27, 2005:
Buckley, P.J., Tom, Saxe, Sullivan, Malone, JJ.

M-4906     Campaign for Fiscal Equity v The State of New York
M-4925

Amicus curiae briefs deemed filed, as indicated. (See M-4763 and M-4926 decided simultaneously herewith).

Buckley, P.J., Tom, Saxe, Sullivan, Malone, JJ.

M-4763     Campaign for Fiscal Equity v The State of New York
M-4926

Amicus curiae briefs deemed filed, as indicated. (See M-4906 and 4925 decided simultaneously herewith).