First Department Motions
THE FOLLOWING MOTION ORDERS WERE ENTERED AND FILED ON JANUARY 27, 2004
Buckley, P.J., Nardelli, Tom, Mazzarelli, Andrias, JJ.

M-89Tejeda v Full Service, Inc.
(And a Third-Party Action)

M-117XGjelaj v Brown

M-119Marceca v Hoey

M-137Britton v CBS Broadcasting, Inc., formerly known
as CBS Inc.

M-2People v Cruz, Jose

Appeals withdrawn.

Buckley, P.J., Andrias, Sullivan, Friedman, Gonzalez, JJ.

M-5481Thomas v Abbondante
M-5695
Appeal dismissed.

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

M-6025People v Abreu, Thomas, also known as
Abreu, Tom�s

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

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

M-6026People v Behlin, Harry

M-6029 Joseph, Fabian

M-6030 Lopez, Juan, also known as
Lopez, Juan M., Jr.

M-6031 Mc Nair, Terry

M-6033 Pettigrew, Avery

M-6034      Webster, Christopher, also known as
Webster, Chris

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

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

M-5852People v Lopez, Dencil

Leave to file pro se supplemental brief granted for the May 2004 Term, to which Term appeal adjourned, as indicated.

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

M-5867In the Matter of R., Kiana; F., Quian; B., Kanisha-
M-5868Administration for Children's Services
M-5869
Leave to respond to appeal as poor persons and related relief denied, with leave to renew, as indicated. (See M-5867A, M-5868A, and M-5869A, decided simultaneously herewith).

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

M-5867AIn the Matter of R., Kiana; F., Quian; B., Kanisha-
M-5868A Administration for Children's Services
M-5869A
Stay of adoption proceedings denied, as indicated. (See M-5867, M-5868, M-5869, decided simultaneously herewith).

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

M-5904People v Romero, Roberto

Time to perfect appeal enlarged to the May 2004 Term.

Buckley, P.J., Mazzarelli, Saxe, Sullivan, Rosenberger, JJ.

M-5922People v Ryant, Alberta

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

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

M-16People v Castillo, Roman

Counsel substituted; poor person relief previously granted continued, as indicated.

Buckley, P.J., Mazzarelli, Saxe, Sullivan, Rosenberger, JJ.

M-5996Delevan v Berman

Time to perfect appeal enlarged to the May 2004 Term.

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

M-5589Lopez v Amsco Auto Parts
(And a Third-Party and Second Third-Party Action)

Time to perfect appeal enlarged to the September 2004 Term, as indicated.

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

M-5788Germain v Verizon N.Y.

Leave to prosecute purported appeal(s) as a poor person denied; purported appeal(s) dismissed, as indicated.

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

M-5885Flynn-Federico v Federico

Time to perfect consolidated appeals enlarged to the June 2004 Term, as indicated; motion otherwise denied.

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

M-5426AIn the Matter of L., Jacqueline Sharon v G., Pamela

Upon the Court's own motion, counsel assigned. (See this Court's order entered on December 23, 2003 [M-5426] granting leave to prosecute appeal as a poor person).

Buckley, P.J., Nardelli, Sullivan, Williams, Lerner, JJ.

M-5474Ulysses I & Company, Inc. v First American
Title Insurance Company of New York

Leave to appeal to the Court of Appeals denied, as indicated.

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

M-5862Powers v Dunwell Maintenance Repair
Service Ltd.

Stay of trial denied.

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

M-5919People v Pemberton, Robert

Order of this Court entered on January 7, 2003
(M-6245), recalled and vacated; order of this Court entered February 20, 2003 (M-171) remains in effect.

Tom, J.P., Saxe, Rosenberger, Williams, Gonzalez, JJ.

M-5607In the Matter of P., "Baby Girl", also known as
P., Lourdes; P., Juan Jose; P., Jonathan Manuel;
T., "Baby Boy", also known as T., Christopher-
Leake and Watts Services, Inc.

Appeal dismissed.

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

M-5971Basketball City USA, LLC v Hudson River Park Trust

Time to perfect appeal enlarged to the June 2004 Term.

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

M-6043In the Matter of Dugan v Kerik

Time to perfect appeal enlarged to the June 2004 Term.

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

M-5876Rafaelova v The City of New York

Time to perfect appeal enlarged to the June 2004 Term.

Tom, J.P., Mazzarelli, Ellerin, Lerner, Marlow, JJ.

M-5557People v Cruz, Robert

Enlargement of time to file notice of appeal and other relief denied, as indicated.

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

M-5778Sarasota, Inc., doing business as
Credit Control Management v Finkel,
also known as Mulligan

Dismissal of appeal denied.

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

M-5754AIn the Matter of J., Sandra; J., Israel;
J., Malik; J., Izael John, also known as
H., Izael; J., Daquawn - Harlem Dowling-
Westside Center forChildren and Family Services

Leave to prosecute appeal as a poor person granted, as indicated; prior order of this Court entered on January 22, 2004 (M-5754) recalled and vacated.

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

M-5925DiPasquale v Berkshire Life Insurance Company

Enlargement of time to perfect appeal denied; appeal dismissed.

Rosenberger, J.P., Lerner, Friedman, Marlow, JJ.

M-5844In Re Sakow-
Sakow v Breslaw

Motion for leave to amend order deemed one for reargument and, as such, denied.

Marlow, J.

M-5575People v Palmer, Russell

Leave to appeal to this Court denied.

Marlow, J.

M-5655People v Lara, Rafael Medrano, also known as
Laramedarno, Rafael

Leave to appeal to this Court denied.

Gonzalez, J.

M-4199K.,B. v L., B.

Stay granted.

Buckley, P.J., Andrias, Rosenberger, Friedman, Gonzalez, JJ.

M-4576In the Matter of the Application of
Harold M. Fishman (admitted as
Harold Michael Fishman),
a disbarred attorney:

Application for reinstatement as an attorney and counselor-at-law in the State of New York denied. No opinion. All concur.

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

M-3875In the Matter of the Application of
M-5190Kenneth F. Kaplan (admitted as
Kenneth Franklin Kaplan),
a disbarred attorney:

Application for reinstatement as an attorney and counselor-at-law in the State of New York denied. No opinion. All concur.

The following orders were entered and filed on January 22, 2004
Tom, J.P., Williams, Marlow, Gonzalez, JJ.

M-5916In the Matter of Siao-Pao v New York
State Division of Parole

Record on appeal enlarged; Parole Board decision attached to respondent's brief deemed filed, as indicated.

Tom, J.P., Mazzarelli, Ellerin, Lerner, Marlow, JJ.

M-5592Walls v Turner Construction Company-
M-5595
Stay of trial granted.