First Department Motions
THE FOLLOWING MOTION ORDERS WERE ENTERED AND FILED ON DECEMBER 2, 2003
Buckley, P.J., Nardelli, Tom, Mazzarelli, Andrias, JJ.

M-5282X     Database Architecture, Inc. v 24/7 Media, Inc.

M-5283X     Universal/MMEC v Dormitory Authority of the State of New York

M-5284X     Metropolitan Transportation Authority v 2 Broadway LLC

M-5317X     In the Matter of Goldner

M-5318X     Antonio v Olajide

M-5263     People v Estevez, Efrain

M-5313     People v Washington, Sharice

Appeals withdrawn.

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

M-5316     Gasparri v ABN Amro, Inc.

Appeal, previously perfected for the January 2004 Term, withdrawn.

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

M-5320     Rubenstein v Bullard

Appeal, previously perfected for the December 2003 Term, withdrawn.

Buckley, P.J., Mazzarelli, Andrias, Sullivan, Marlow, JJ.

M-4611     Moyer v Columbia University

Appeal dismissed.

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

M-5087     People v Brown, Devon

M-5088           Camble, Tasha, also known as
                Keys, Bernice, also known as
                Campbell, Tasha

M-5089           Edwards, Harvey, also known as
                Harvey, Edward, also known as
                Harvey, Ed

M-5090           Eiseman, Steven

M-5091           Jones, Alica, also known as
                Jones, Alicia, also known as
                Jones, Alicia Brown, also known as
                Brown, Alicia

M-5092           Jones, Johnny, also known as
                Jones, Johnny R.

M-5093           Jones, Robert, also known as
                Jones, Robert L.

M-5094           Jordan, Derrick

M-5095           Lopez, Reynaldo

M-5096           Machicote, Shawn, also known as
                Machicote, Shawn R., also known as
                Machicote, Sean

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

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

M-5097 People v Martin, Vincent

M-5099           Oliver, Joseph

M-5100           Parilla, Scott, also known as
                Parrilla, Scott

M-5101           Paul, Ahib, also known as
                Ahib, Paul

M-5102           Perez, Juan

M-5104           Rodriguez, Jesse

M-5105           Rojas, Danny, also known as
                Rojas, Daniel

M-5106           Rubi, Jose

M-5107           Saenz, Andy

M-5109           Sierra, John

M-5111           Thomas, Charles

M-5112           Trudeau, Mauree, also known as
                Ajenishe, Kabirudeen

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

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

M-4609     People v White, Timothy

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

Buckley, P.J., Rosenberger, Ellerin, Williams, Gonzalez, JJ.

M-4952     People v Melicio, Julio

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

Buckley, P.J., Rosenberger, Ellerin, Williams, Gonzalez, JJ.

M-4514     Manning v The City of New York

Leave to strike notice of appeal denied.

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

M-4581A     The CIT Group/Commercial Services, Inc. v Weiner
(And a third-party action)

Stay and other relief denied; this Court's order, entered on October 28, 2003 (M-4581), recalled and vacated.

Buckley, P.J., Andrias, Saxe, Williams, Gonzalez, JJ.

M-5277     Bermejo v New York City Partnership Housing Development Fund Company, Inc.

Stay of trial denied.

Nardelli, J.P., Mazzarelli, Ellerin, Gonzalez, JJ.

M-4402     People v West, Curtis, also known as
                West, Curtis L.

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

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

M-4881     New Falls Corporation v Board of Managers of the
M-5035 Parkchester North Condominium, Inc.

Appeals consolidated; time to perfect same enlarged to the March 2004 Term, all as indicated. Cross motion denied, with leave to address the issue of appealability in respondent's brief.

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

M-5244     Hass & Gottlieb v Lee

Time to perfect consolidated appeals enlarged to the April 2004 Term; stay vacated unless perfected for said Term; motion otherwise denied.

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

M-5245     Haynes v Haynes

Leave to file supplemental record on appeal denied.

Nardelli, J.P., Mazzarelli, Ellerin, Gonzalez, JJ.

M-4640     Rose v Associated Universities, Inc.

Reargument denied.

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

M-5411     Ryan v Sobolevsky

Stay of trial granted.

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

M-5432     DiPetro v Rotter

Stay of trial denied.

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

M-5146     In the Matter of Helbor Realty Corp. v New York City
Board of Standards and Appeals

Preliminary appellate injunction denied; interim relief granted by order of a Justice of this Court, dated October 30, 2003, vacated.

Tom, J.P., Saxe, Sullivan, Lerner, Friedman, JJ.

M-4511     People v Garrick, John

Motion deemed withdrawn.

Tom, J.P., Saxe, Sullivan, Lerner, Friedman, JJ.

M-4824     People ex rel. Crawford, Terry v The New York State Division of Parole

Assigned counsel relieved; appeal dismissed.

Tom, J.P., Andrias, Saxe, Ellerin, JJ.

M-5152     Montanez v New York City Housing Authority, also known as NYCHA

Stay of pretrial proceedings and trial granted on condition appeal perfected for the March 2004 Term, as indicated.

Tom, J.P., Mazzarelli, Sullivan, Williams, Gonzalez, JJ.

M-4837     People v Blackman, Anthony

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

Tom, J.P., Saxe, Sullivan, Lerner, Friedman, JJ.

M-4914     People v Acosta, Esmeraldo

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

Tom, J.P., Saxe, Sullivan, Lerner, Friedman, JJ.

M-4915     People v Mitchell, Heyward

Time to perfect appeal enlarged to the March 2004 Term; stay continued upon condition appeal perfected for said Term.

Tom, J.P., Saxe, Sullivan, Lerner, Friedman, JJ.

M-4888     In the Matter of S., Hilajah

Time to perfect appeal enlarged to the March 2004 Term.

Tom, J.P., Saxe, Sullivan, Lerner, Friedman, JJ.

M-4961     People v Gantt, Thomas

Time to perfect appeal enlarged to the March 2004 Term.

Tom, J.P., Saxe, Sullivan, Lerner, Friedman, JJ.

M-4910     In the Matter of Kallir v New York State Division of Human Rights

Time to perfect proceeding enlarged to the March 2004 Term.

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

M-1674     The City of New York v 130/40 Essex Street Development Corp.

Leave to appeal to the Court of Appeals and other relief denied.

Tom, J.P., Rosenberger, Williams, Friedman, JJ.

M-2012     People v Hercules, Marcel

Reargument and/or other relief denied.

Andrias, J.P., Saxe, Williams, Marlow, Gonzalez, JJ.

M-4493     In the Matter of J., Izael John, also known as
H., Izael - Harlem Dowling-Westside Center for
Children and Family Services

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

Saxe, J.P., Sullivan, Rosenberger, Friedman, Gonzalez, JJ.

M-4692     People v McKinnon, Robert

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

Saxe, J.P., Sullivan, Rosenberger, Friedman, Gonzalez, JJ.

M-4667     People v Hakaj, Benny

Moving papers deemed a timely filed notice of appeal.

Saxe, J.P., Sullivan, Rosenberger, Friedman, Gonzalez, JJ.

M-4543     People v Copeland, Richard, also known as
                Richard, Copeland, also known as
                Richards, Copeland Oliver, also known as
                Coplan, Richard

Time to perfect appeal enlarged to the February 2004 Term.

Saxe, J.P., Sullivan, Rosenberger, Friedman, Gonzalez, JJ.

M-4532     Carr v Caputo
M-4889
M-4911

Time to perfect appeal and cross appeals enlarged to the May 2004 Term.

Saxe, J.P., Sullivan, Rosenberger, Friedman, Gonzalez, JJ.

M-4529     DeJesus v Haros

Time to perfect appeal enlarged to the June 2004 Term.

Buckley, P.J., Tom, Saxe, Ellerin, Williams, JJ.

M-4366In the Matter of Jeffrey N. Zisselman,
an attorney and counselor-at-law:

Respondent disbarred and his name stricken from the roll of attorneys and counselors-at-law in the State of New York, effective nunc pro tunc to May 27, 2003. Opinion Per Curiam. All concur.

Mazzarelli, J.P., Ellerin, Williams, Lerner, Gonzalez, JJ.

M-645In the Matter of Mac Truong,
M-2592an attorney and counselor-at-law:
M-3345

Respondent suspended from the practice of law in the State of New York, effective the date hereof and until such time as disciplinary matters pending before the Committee have been concluded and until further order of this Court, as indicated. Cross Motion and Motion to Amend denied. Opinion Per Curiam. All concur.

THE FOLLOWING ORDER WAS ENTERED AND FILED ON NOVEMBER 25, 2003
Tom, J.P., Saxe, Sullivan, Lerner, Friedman, JJ.

M-5137     People ex rel. Cruz, Wendell
on behalf of B., Derrick v Anyata

Stay denied.