First Department Motions
THE FOLLOWING MOTION ORDERS WERE ENTERED AND FILED ON NOVEMBER 6, 2003
Buckley, P.J., Nardelli, Tom, Mazzarelli, Andrias, JJ.

M-4923X40 West 67th Street Corp. v Pullman

M-4924XPullman v Indicator

M-4925XPullman v Indicator

M-4926XWen-Kev Third Avenue, LLC v Brookshire Equities, LLC

M-4995XIn the Matter of E*Trade Group, Inc. v Graczyk

M-4996XIsaly v Isaly

M-5004Star Power, L.L.C. v Source Magazine, Inc.

M-4893People v Frias, Ramon, also known as Ramon, Frias

M-4951People v Mora, Jose

M-5009People v Vasquez, Xavier

Appeals withdrawn.

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

M-4843XGarcia v The City of New York
(And a third-party action)

Appeal and cross appeal withdrawn.

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

M-4960Torres v Castle Realty Associates

Appeal, previously perfected for the November 2003 Term, withdrawn.

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

M-5003Green v C.P. Associates I, LLC

Appeal, previously perfected for the November 2003 Term, withdrawn.

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

M-4898Liou v Belttech At Mott LLC

Appeal, previously perfected for the December 2003 Term, withdrawn.

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

M-4747People v Bello, Wellner, also known as
      Bello, Welnner

M-4748 Contreas, Jorge, also known as
Contreras, Jorge

M-4749      Day, Phenroy, also known as
Phenroy, Day Jr.

M-4750      Divine, Unique

M-4752 Ford, George

M-4755 Nunez, Claudio

M-4756      Rice, Daniel

M-4757 Robles, Gregory

M-4758 Rodriguez, Ivan

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

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

M-4760People v Santos, Ramon

M-4761 Spavone, Steven

M-4763 Sykes, Ed

M-4764 Valentin, Jose

M-4765 White, John, also known as
Malik, Yahya

M-4766 Wilkins, Terrance

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

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

M-4211BIn the Matter of R., Jr., Rueben Doulphus--
Catholic Home Bureau for Dependent Children

Upon the Court's own motion, counsel assigned. (See this Court's order entered on October 21, 2003 [M-4211], granting leave to prosecute appeal as a poor person).

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

M-4637People v Foster, Tracey

Counsel substituted.

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

M-4795(D.C. #5)People v Chevere, Chris

M-4798(D.C. #8)          Fernandez, Juan

M-4800(D.C. #10) Garcia, Luis

M-4804(D.C. #13) Joseph, Jane, also known as
      Smith, Earline

M-4808(D.C. #16 Montalvo, Armando

M-4810 (D.C. #18) O'Garra, Anthony, also known as
                          O'Garro, Anthony

M-4813(D.C. #21) Ortiz, Felipe

M-4828(D.C. #29) Washington, Sharice

Upon the Court's own motions, time to perfect appeals enlarged to the February 2004 Term.

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

M-4635People v Bates, Prince

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

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

M-4639People v Benefield, Hughie

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

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

M-4831Torricelli v Pisacano

Stay of retrial granted on condition appeal perfected for the February 2004 Term, as indicated.

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

M-4614Longo v Armor Elevator Co., Inc.
(And other actions)

Reargument or other relief denied, as indicated.

Nardelli, J.P., Mazzarelli, Andrias, Ellerin, Marlow, JJ.

M-4030In the Matter of McF., Nichelle and McF., Desmond--
Administration for Children's Services

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

Nardelli, J.P., Mazzarelli, Andrias, Ellerin, Marlow, JJ.

M-3999People v Freeman, Ramon

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

Nardelli, J.P., Tom, Rosenberger, Ellerin, Gonzalez, JJ.

M-4500Rasabi v Rasabi
(And another action)

Appeals consolidated; time to perfect same enlarged to the February 2004 Term; leave to enter ex parte order of dismissal denied, with leave to renew, as indicated.

Nardelli, J.P., Mazzarelli, Saxe, Rosenberger, Friedman, JJ.

M-4355Lyons v 40 Broad Delaware, Inc.
M-4694

Reargument or other relief denied.

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

M-4873Haynes v Haynes
M-4954
Stay denied. Dismissal of appeal denied.

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

M-4478Shah v Metropolitan Life Insurance Company
M-4479(And another action)
M-4878
Stay denied; appeals adjourned to January 2004 Term, as indicated. Clerk directed to calendar appeals for hearing together during said Term.

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

M-47751114 Trizechahn Swig, LLC v W.R. Grace & Co.-CONN.
Stay denied.

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

M-3017Murray Hill Investments Inc. v Parker, Chapin
Flattau & Klimpl, LLP

Reargument or other relief denied.

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

M-4702In the Matter of O., Shawn Joseph II,
also known as O., Jorgi--
Graham-Windham

Dismissal of appeal denied, with leave to renew, as indicated.

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

M-4724Board of Managers of 55 Walker Street Condominium v
Walker Street, LLC

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

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

M-4743Kashelkar v Maharashtra Mandal New York, Inc.

Appeal deemed withdrawn, with leave to reperfect, as indicated. Clerk directed to accept filing without further fee.

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

M-4323People v Cowell, Julian

Reconstruction hearing denied.

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

M-4612West Gate House, Inc. v 860-870 Realty, LLC

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

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

M-4117People v Reid, Cedric

Counsel substituted. Time to perfect appeal enlarged to the March 2004 Term; all as indicated.

Mazzarelli, J.P., Sullivan, Lerner, Marlow, Gonzalez, JJ.

M-3710In the Matter of P., Leonard and M., Desean Charles--St. Vincent's Services, Inc.

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

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

M-4252People v Reddick, Sylvester

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

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

M-4221People v Garcia, Rene A.

Leave to prosecute appeal as a poor person denied; appeal dismissed, as indicated.

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

M-4445Pantelidis v New York City Board of Standards
M-4696And Appeals

Leave to appeal to this Court granted. Stay granted. Appellants directed to perfect for the March 2004 Term.      Cross motion in opposition to stay and other relief denied, as indicated. The order of a Justice of this Court, dated September 24, 2003, vacated.

Rosenberger, J.

M-4510People v Estwick, Jermaine

Leave to appeal to this Court denied.

Williams, J.

M-4181People v Rodriguez, Michael

Leave to appeal to this Court denied.

Williams, J.

M-4259People v Burgos, Julian

Leave to appeal to this Court denied.

Lerner, J.

M-4784People v Gordon, William

Leave to appeal to this Court denied.



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

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

M-4882George Eugene Edwards, admitted on 12-5-88,
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.

THE FOLLOWING ORDERS WERE ENTERED AND FILED ON OCTOBER 30, 2003
Buckley, P.J., Mazzarelli, Andrias, Sullivan, Marlow, JJ.

M-4884Stephenson v Hotel Employees and Restaurant
Employees Union, Local 100 AFL-CIO

Appeal adjourned to the December 2003 Term. Respondents' revised brief to be served and filed on or before November 5, 2003; appellant's reply, if any, to be served and filed on or before November 19, 2003, all as indicated.

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

M-4835(D.C. #3)People v Byfield, Donovan

Upon the Court's own motion, time to perfect appeal enlarged to the January 2004 Term, as indicated. (See M-4762, decided simultaneously herewith).

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

M-4762People v Byfield, Donovan

Leave to file appellate briefs granted for the January 2004 Term, as indicated. (See M-4835 [D.C. #3], decided simultaneously herewith).

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

M-4886Ramos v Shendell Realty Group, Inc.

Stay of trial granted on condition appeal perfected for the February 2004 Term, as indicated.