First Department Motions
THE FOLLOWING MOTION ORDERS WERE ENTERED AND FILED ON MARCH 2, 2004
Buckley, P.J., Nardelli, Tom, Mazzarelli, Andrias, JJ.

M-628X     Turner Construction Company v Kleinknecht Electric Corp.

M-629X     Rosa v Williams

M-694X     Primax Recoveries, Inc. v Carey

M-695X     Gallegos v Elite Model Management Corporation

M-696X     Personnel Connection, Inc. v All American Personnel Services, Inc.

M-697X     Cioffi v Bowling Green Associates L.P.

M-788X     Dynasty Stainless Steel v Falcon Construction Corp.

M-650     People v Hernandez, Angel

M-717     People v Gantt, Thomas

Appeals withdrawn.

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

M-627X     Triple Point Technology, Inc. v Transammonia, Inc.

Appeal and cross appeal withdrawn.

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

M-5447     People v Doxen, Dwayne

Leave to be released on own recognizance and/or other relief denied; purported appeals dismissed.

Buckley, P.J., Mazzarelli, Saxe, Ellerin, Marlow, JJ.

M-225     Candelario v Teperman

Time to perfect appeal enlarged to the June 2004 Term.

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

M-174     People v McRae, James

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

Buckley, P.J., Andrias, Lerner, Friedman, JJ.

M-6027     People v Brenman, Michael

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

Buckley, P.J., Andrias, Lerner, Friedman, JJ.

M-6028     People v Engel, Howard

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

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

M-6041     People v Oliveras, George

Appeal reinstated; poor person relief previously granted reinstated; counsel directed to perfect appeal on or before March 22, 2004 for the June 2004 Term, as indicated.

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

M-3151     People v Bryant, Lamont

Writ of error coram nobis denied. (See M-3151A, decided simultaneously herewith.)

Nardelli, J.

M-3151A     People v Byrant, Lamont

Leave to appeal to this Court denied. (See M-3151, decided simultaneously herewith.)

Nardelli, J.P., Andrias, Sullivan, Lerner, JJ.

M-432     Lipton v The New York City Transit Authority

Appeals consolidated; appeals dismissed unless perfected for the September 2004 Term, as indicated. Motion otherwise denied.

Nardelli, J.P., Andrias, Sullivan, Lerner, JJ.

M-340     EarlyBird Capital, Inc. v Intelli-Check, Inc.

Appeal dismissed unless perfected for the June 2004 Term, as indicated.

Nardelli, J.P., Andrias, Sullivan, Lerner, JJ.

M-567     In the Matter of Troeller v The New York City Department of Education

Clerk directed to calendar the perfected appeal for hearing in the first week of the May 2004 Term.

Nardelli, J.P., Mazzarelli, Saxe, Lerner, JJ.

M-441     Olympus America Inc. v Cisco

Stay denied.

Nardelli, J.P., Mazzarelli, Saxe, Lerner, JJ.

M-245     People ex rel. Fludd, Jovan L. v Farsi

Writ of habeas corpus granted; matter transferred to Supreme Court, New York County, as indicated.

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

M-5989     In the Matter of Inniss v Buller,
also known as Lee - Monteleone

Counsel granted leave to perfect appeal from order entered on or about November 21, 2003 for the June 2004 Term; leave to file amicus brief granted for said Term. Leave to perfect remaining appeals enlarged to the September 2004 Term, all as indicated. Motion otherwise denied.

Tom, J.P., Mazzarelli, Sullivan, Ellerin, Friedman, JJ.

M-526     Rosario v Morias

Time to perfect appeal enlarged to the June 2004 Term.

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

M-278     People v Vargas, Phillip

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

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

M-295     People v Montano, Nelly

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

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

M-297     People v Swinson, Jason

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

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

M-270     People v Brown, Rohan, also known as
                Johnson, Rohan

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

Tom, J.P., Mazzarelli, Saxe, Marlow, JJ.

M-6040     People v Velez, Michael, also known as
                Velez, Michael-Tony

Leave to prosecute appeal as a poor person granted, as indicated. (See M-6040A, decided simultaneously herewith.)

Tom, J.

M-6040A     People v Velez, Michael, also known as
                Velez, Michael-Tony

Leave to be released on own recognizance and/or other relief denied. (See M-6040, decided simultaneously herewwith).

Tom, J.P., Mazzarelli, Saxe, Marlow, JJ.

M-19          In the Matter of J., Chaquoya

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

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

M-5872     In the Matter of W., Deniqua Michella, also known as
                          W., Deniqua - St. Christopher-Ottilie

Leave to prosecute appeal as a poor person granted, as indicated. (See M-5872A, decided simultaneously herewith.)

Gonzalez, J.

M-5872A     In the Matter of W., Deniqua Michella, also known as
                          W., Deniqua - St. Christopher-Ottilie

Stay denied. (See M-5872, decided simultaneously herewith.)

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

M-230     Coffran v McMunn

Reargument/reinstatement denied.

Tom, J.P., Mazzarelli, Saxe, Marlow, JJ.

M-5954     Eisen v The Bank of New York
M-132

Leave to appeal from the Appellate Term denied; imposition of sanctions and other relief denied.

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

M-5564     Mollerson v The City of New York

Appeals consolidated; time to perfect same enlarged to the September 2004 Term, as indicated; motion otherwise denied.

Mazzarelli, J.P., Saxe, Lerner, Marlow, JJ.

M-223     In the Matter of Adamson v Marshal

Leave to prosecute appeal as a poor person denied.

Andrias, J.P., Ellerin, Williams, Gonzalez, JJ.

M-257     People ex rel. Poree, Ernest v New York State Division of Parole

Assigned counsel relieved; appeal deemed withdrawn.

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

M-706     In the Matter of F., Manuel; G., Dominique; P., Aaron;
                          P., Ariel; S., Devina - Administration
                          for Children's Services

Time to perfect appeal enlarged to the September 2004 Term; transcription of minutes directed, as indicated.

Andrias, J.P., Ellerin, Williams, Gonzalez, JJ.

M-231     People v Pacheco, Andre

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

Tom, J.

M-434     People v Hanley, Thomas

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

Tom, J.

M-251     People v Thomas, Bernard

Leave to appeal to this Court denied.

Marlow, J.

M-131     People v Schwartz, Jerrold

Bail denied.

The following orders were entered and filed on February 26, 2004
Buckley, P.J., Williams, Lerner, Marlow, JJ.

M-589     Cabrera v Kozmo.com, Inc.

Stay of trial denied.

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

M-454     Grant v Heit

Leave to strike appellant's appendix granted; appellant directed to perfect appeal for the June 2004 Term, as indicated; motion otherwise denied. Clerk directed to accept filing without further fee.

Andrias, J.P., Saxe, Sullivan, Gonzalez, JJ.

M-490     In the Matter of C., Charles, also known as
                          C., Charlie - The Children's Aid
                          Society

Time to perfect appeal enlarged to the June 2004 Term, to which Term appeal of respondent-appellant Wilfredo C. is adjourned. Clerk directed to calendar the appeals for hearing together.

Andrias, J.P., Saxe, Sullivan, Gonzalez, JJ.

M-444     In the Matter of Murphy v The Tax Appeals Tribunal

Time to perfect proceeding enlarged to the June 2004 Term.

Ellerin, J.P., Williams, Lerner, Marlow, JJ.

M-577     In the Matter of Delafield 246 Corp. v The City of New York

Time to perfect appeal enlarged to the June 2004 Term.

The following orders were entered and filed on February 27, 2004
Saxe, J.P., Rosenberger, Williams, Marlow, JJ.

M-5563     The Chase Manhattan Bank v New Hampshire
Insurance Company
(And a third-party action)

Time to perfect appeal and cross appeal enlarged to the September 2004 Term.

Rosenberger, J.

M-2370A     People v Williams, Timothy

Leave to be released on own recognizance and/or other relief denied.