First Department Motions
THE FOLLOWING MOTION ORDERS WERE ENTERED AND FILED ON SEPTEMBER 8, 2005
Buckley, P.J., Tom, Mazzarelli, Andrias, Saxe, JJ.

M-4100     People v Arroyo, Angel

M-4102           Caban, Lynette

M-4103           Cruz, Nelson

M-4104           Gary, William D.

M-4105           Gosso, Ray

M-4106           Graham, Bryant

M-4108           Graves, Garland

M-4109           Henderson, Brian

M-4110           Johnson, Jerome

M-4112           Kidkarnee, Sirisdi, also known as
                Karndee, Srisdi Kid, also known as
                Srisdi, Kidkarndee

M-4114           Ortiz, Daniel, also known as
                Rodriguez, Louis

M-4116           Perez, Steven

M-4117           Persaud, Deora Ryan, also known as
                Persaud, Deoraj Ryan

M-4118           Ramirez, Hector

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

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

M-4119     People v Rodriguez, Gary

M-4120           Sanchez, Rudy

M-4121           Taylor, Harold

M-4122           Taylor, Jerome

M-4123           Watson, Noel

M-4124           Williams, Jerry

M-4125           Wrotten, Juwanna

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

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

M-3324     People v Panigua, Juan, also known as
                Paniagua, Juan

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

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

M-2861A     People v Mena, Manuel

Leave to prosecute appeal as a poor person granted, as indicated. (The order of this Court entered on August 4, 2005 [M-2861] recalled and vacated).

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

M-3204     Carossia v The City of New York
M-3717

Enlargement of time to perfect appeal from the judgment entered on or about October 5, 2004 denied; cross motion granted and appeal from the aforesaid judgment dismissed; appeal from the order entered on or about March 18, 2005 remains extant.

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

M 2879     Weinstein v Weinstein

Leave to appeal to the Court of Appeals denied.

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

M-2108A     In the Matter of R., Robert, Jr.; R., Anastasia
- Abbott House

Leave to prosecute appeal as a poor person granted, as indicated. (The order of this Court entered on August 11, 2005 [M-2108] recalled and vacated.)

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

M-2055     Josilevich v Forde

Leave to appeal to the Appellate Term denied.

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

M-2600     Merritt Engineering Consultants, P.C. v
          55 Liberty Owners' Corp.

Reargument denied.

Mazzarelli, J.P., Sullivan, Ellerin, Gonzalez, Sweeny, JJ.

M-2610     Cohen v Law Offices of Leonard and Shapiro

Reargument or other relief denied.

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

M-3720     Gomez v L&B Construction N.Y., Inc.

Appeal deemed withdrawn.

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

M-4073     Diamond v Estate of Gothelf

Motion deemed withdrawn.

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

M-3815     Baytree Capital Associates, LLC v AT&T Corp.

Appeal adjourned to the November 2005 Term.

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

M-4181     People v Wilkins, Edward

Appeal adjourned to the January 2006 Term.

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

M-3368     O'Brien v Omar

Appeal dismissed.

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

M-4038     Trans-Resources, Inc. v Nausch Hogan & Murray, Inc.
(And a third-party action)

Appeal dismissed unless perfected for the December 2005 Term, as indicated.

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

M-3628     People ex rel. Anderson, Mark v Warden

Leave to prosecute appeal as a poor person granted, as indicated. (See M-1356 decided simultaneously herewith.)

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

M-1356     People ex rel. Anderson, Mark v Warden

Leave to prosecute appeal as a poor person granted, as indicated. (See M-3628 decided simultaneously herewith.)

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

M-3715     People v Young, Michael

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

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

M-3400     People v Joseph, Noah

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

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

M-3865     People v Vasquez, Manuel

Leave to prosecute appeal as a poor person and related relief granted; Clerk of the Supreme Court shall expeditiously have made and file with the Criminal Court two transcripts of the SORA hearing and other proceedings, all as indicated.

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

M-3866     People v Johnson, Arthur

Leave to prosecute appeal as a poor person and related relief granted; Clerk of the Supreme Court shall expeditiously have made and file with the Criminal Court two transcripts of the SORA hearing and other proceedings, all as indicated.

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

M-3791     In the Matter of Cancel v N.Y.C. Support
Enforcement Unit

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

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

M-3647     People v Dallas, Shannon

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

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

M-3650     People v Marinez, Michael, also known as
                Martinez, Michael

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

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

M-3662     People v Velazquez, Jose

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

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

M-3363     People v May, Charles

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

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

M-3845     Davis v Stewart

Leave to prosecute purported appeal and related relief denied. (See order of this Court entered June 23, 2005 [M-2207]).

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

M-3705     Amoros v Roberts

M-3875     Fourre v City of New York

M-4188     McFadden v 530 Fifth Avenue RPS III Associates, L.P.

M-4486     Banegas v Nyack Hospital

M-4518     Gissen v Boy Scouts of America

Time to perfect appeals enlarged to the December 2005 Term.

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

M-3105     Estate of Roth v Spielman

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

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

M-3765     Grey v Macy's East, Inc.

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

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

M-3117     People v Buari, Calvin

Time to perfect appeal enlarged to the January 2006 Term.

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

M-4586     Meisel v Meisel

Time to perfect appeal enlarged to the January 2006 Term, as indicated.

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

M-3723     People v Chipp, Jerome

Time to perfect appeal enlarged to the March 2006 Term.

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

M-3320     Rivera v New York City Housing Authority

Time to perfect appeal enlarged to the December 2005 Term.

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

M-3864     Acevedo v Schoenbach

Time to perfect appeal from judgment of the Supreme Court, Bronx County, entered on or about November 19, 2004 enlarged to the December 2005 Term; appeal from order of said Court entered on or about October 14, 2004 dismissed, as indicated.

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

M-3378     People v Ramos, Miguel

Enlargement of time to file notice of appeal denied.

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

M-3944     Williams v Halpern

Enlargement of time to file supplemental record on appeal granted for the November 2005 Term, to which Term appeal adjourned; motion otherwise denied.

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

M-4590     Basile v Chhabra - Rao
M-4695

Enlargement of record on appeal granted; cross motion to strike portions of briefs denied.

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

M-4728     Gallegos v Elite Model Management Corporation

Enlargement of record on appeal granted to the extent indicated. Plaintiff's time in which to file respondent's brief enlarged to September 14, 2005, appellants' reply brief(s) to be served and filed on or before September 23, 2005.

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

M-4582     H., Brad v The City of New York

Enlargement of record on appeal granted, as indicated.

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

M-3273     Anonymous v Anonymous
(and another action)

Enlargement of record on appeal and related relief denied.

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

M-4016     St. Clement - Casale v Casale
M-4530

Enlargement of record on appeal denied; cross motion granted to the extent of adjourning appeals to the November 2005 Term, and otherwise denied, as indicated.

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

M-4584     Johns v Rampe

Leave to strike respondents' brief or alternative relief denied, as indicated.

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

M-3842     Warburg, Pincus & Company v QoS Networks Limited

Counsel for respondent relieved, as indicated; appeal adjourned to the November 2005 Term.

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

M-3785     In the Matter of P., Mike, Jr., also known as
                          P., Mike, also known as
                          P., Michael, also known as
                          P., Mike N., Jr., also known as
                          P., Mike N., also known as
                          N., Mike - Little Flower Children's
                          Services

Renewal/reargument denied.

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

M-4562     Daitch v Naman - Edson USA, Inc.

Stay of trial granted.

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

M-4198     Krivda v Liberty Lines Express, Inc.
- Olonoff Asen & Serebro, LLP.

Stay granted, as indicated.

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

M-4510     In the Matter of Mayne Pharma (USA), Inc. v
Enzon Pharmaceuticals, Inc.

Stay of arbitration granted on condition appeal perfected for the December 2005 Term.

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

M-4685     Blount v Bovis Lend Lease LMB, Inc.

Stay denied; interim relief granted by order of a Justice of this Court, dated August 8, 2005, vacated.

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

M-4551     People v Armstrong, Ed, also known as
                Armstrong, Edward

Leave to file pro se supplemental brief granted to on or before November 7, 2005 for the January 2006 Term, to which Term appeal adjourned, as indicated.

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

M-4557     People v Jiminez, Jeffrey

Leave to file pro se supplemental brief granted to on or before November 7, 2005 for the January 2006 Term, to which Term appeal adjourned, as indicated.

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

M-3369     People v Martinez, Angel

Reconstruction hearing denied.

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

M-3199     People ex rel. Ruiz, Edgar v New York State
Division of Parole

Writ of habeas corpus issued; matter transferred to Supreme Court, Bronx County, as indicated; motion otherwise denied.

Saxe, J.P., Ellerin, Sweeny, Catterson, JJ.

M-1920     In the Matter of D., Taaliyah Simone S., also known as
                          B., Taaliyah, also known as
                          S., Taaliyah, also known as
                          B., Baby Girl - The New York
                          Foundling Hospital

Leave to prosecute appeal as a poor person granted, as indicated. (See M-1920A, decided simultaneously herewith.)

Catterson, J.

M-1920A     In the Matter of D., Taaliyah Simone S., also known as
                          B., Taaliyah, also known as
                          S., Taaliyah, also known as
                          B., Baby Girl - The New York
                          Foundling Hospital

Stay denied. (See M-1920, decided simultaneously herewith.)

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

M-2692     Elliott v The City of New York

Reargument or other relief denied.

Friedman, J.

M-1966     People v Rosario, Richard

Leave to appeal to this Court denied; leave to prosecute appeal as a poor person denied as academic.

Catterson, J.

M-2117     People v Serratos, Luis

M-2662      S., Francis

M-3788 Canas, Mauricio

M-3830 Willis, Malik

M-3846       Lugo, Manuel

M-4506 McDowell, Patrick J.

M-4507 Thai, Ryan, also known as
Tai, Ryan

Leave to appeal to this Court denied.