First Department Motions
THE FOLLOWING MOTION ORDERS WERE ENTERED AND FILED ON OCTOBER 30, 2003
Buckley, P.J., Nardelli, Tom, Mazzarelli, Andrias, JJ.

M-4703X     Medley v Horn

M-4704X     52nd Lex. Company v Insignia Residential Group, Inc.

M-4709X     TSNY Agency of New York City, Inc. v JJCIII Agency Inc.

M-4712X     In the Matter of the Estate of Igarta

M-4721X     Johnson v Lakian

M-4868     People v Nunez, Antonio

M-4894     People v Woodson, Jarod

M-4918X     Nemanov v Bar-Ilan University

M-4919X     In the Matter of M., Maria

M-4921X     Mack v Mack

M-4922X     Waxman v 241 East 76 Tenants Corp.

Appeals withdrawn.

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

M-4706X     Patterson v Kinky Transit, Inc.

Cross appeal withdrawn.

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

M-4713X     Azrielant v Azrielant

Appeals and cross appeal withdrawn.

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

M-4875     Patrolmen's Benevolent Association v City of New York

Appeal, previously perfected for the December 2003 Term, withdrawn.

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

M-4851     Lazard Freres & Co. LLC v West* Group Properties LLC

Stay granted. Clerk directed to calendar appeal for the last week of the December 2003 Term, parties to follow filing schedule so-ordered by order of a Justice of this Court, dated October 20, 2003.

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

M-4574     Seligman v Simon & Shuster, Inc.

Time to perfect appeal enlarged to the January 2004 Term; motion otherwise denied.

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

M-6817A     A.-C., Sharon v K., Brian K.

Upon the Court's own motion, counsel assigned. (See this Court's order entered on January 30, 2003 (M-6817), granting leave to prosecute appeal as a poor person.)

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

M-4299     420 Riverside Owners, Corp. v Ettinger

Leave to appeal from the Appellate Term denied.

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

M-4104     In the Matter of K., Baby Boy and J., Eric Trony -
Catholic Home Bureau for Dependent Children

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

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

M-4573     City of New York v Phoenix Sound Inc.

Appeal adjourned to the January 2004 Term; motion otherwise denied, without prejudice to address the issue in the respondents' brief, as indicated.

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

M-4408     People v Perez, Jose

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

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

M-4005     People v Jones, Cheryl

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

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

M-4037     People v Rodriguez, Jose

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., Mazzarelli, Sullivan, Rosenberger, Lerner, JJ.

M-4641     Greenburgh Eleven Union Free School District v National Union Fire Insurance Company of Pittsburgh, PA

Enlargement of record on appeal granted to the extent indicated, and motion otherwise denied; plaintiff may request expedited determination of the appeal, all as indicated.

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

M-4439     Singer v The Pen and Brush, Inc.

Stay denied; purported appeal dismissed, as indicated. The interim relief granted by order of a Justice of this Court dated, September 24, 2003, vacated.

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

M-4413     People v White, Lamont

Leave to file pro se supplemental brief and related relief denied.

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

M-4623     People v Mulosmanaj, Agim

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

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

M-4383     People v Peterson, Alvin

Leave to hold appeal in abeyance and related relief denied.

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

M-2577     Liddle, Robinson & Shoemaker v Shoemaker
(And another action)

Reargument granted and upon reargument, the decision and order of this Court, entered on April 22, 2003 (Appeal Nos. 2161-2162), recalled and vacated and a new decision and order substituted therefor. (See Appeal Nos. 2161-2162, decided simultaneously herewith.)

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

M-4357     Red Apple Child Development Center v Chancellor's Board of Review -- Red Apple Child Development Center Parents Association

Reargument or other relief denied.

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

M-4386     Saleh v Hochberg

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

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

M-4453     People v Gallardo, Jose

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

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

M-4518     People v Deir, Edwin, also known as
                Lucas, Ray

Appeals consolidated; leave to prosecute consolidated appeals as a poor person granted, as indicated. Clerk directed to calendar same for hearing together.

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

M-3322A     In the Matter of R., Franchesca - Bronx Administration for Children's Services

Upon the Court's own motion, counsel assigned. (See this Court's order entered on September 4, 2003 [M-3322], granting leave to prosecute appeal as a poor person.)

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

M-3323A     In the Matter of C., Carla - Bronx Administration for Children's Services

Upon the Court's own motion, counsel assigned. (See this Court's order entered on September 4, 2003 [M-3323] [corrected order October 22, 2003], granting leave to prosecute appeal as a poor person.)

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

M-6318A     In the Matter of C., Gregory v S., Nyree

Upon the Court's own motion, counsel assigned. (See this Court's order entered on February 11, 2003 [M-6318], granting leave to prosecute appeal as a poor person.)

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

M-742A     In the Matter of C., Jessica v B., Esteban

Upon the Court's own motion, counsel assigned. (See this Court's order entered on April 1, 2003 [M-742] [corrected order October 22, 2003], granting leave to prosecute appeal as a poor person.)

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

M-4461     People v Mu�oz, Elvin

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

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

M-4492     In the Matter of Howard v New York State Board of Parole

Preference denied.

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

M-4345     Lavin v Klein

Preliminary appellate injunction denied.

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

M-3987     In the Matter of Consilvio v B.

Stay granted on condition appeal perfected for the February 2004 Term.

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

M-4433     Beery v The Hartz Mountain Corporation
(And a third-party action)

Stay of trial denied.

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

M-4306     People v Zabala-Romero, Jimmy

Moving papers deemed a timely filed notice of appeal.

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

M-4554     Ligreci v Ligreci

Time to perfect appeals enlarged to the February 2004 Term.

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

M-4578     Metropolitan Transportation Authority v 2 Broadway LLC

Time to perfect appeals enlarged to the February 2004 Term.

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

M-4618     Rickard v The Port Authority of New York and New Jersey

Time to perfect appeal enlarged to the February 2004 Term.

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

M-4375     Yako v Tornambe

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

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

M-3671A     In the Matter of H., Kwesi; H., Menelik; and H., Judinyah - Commissioner of Social Services

Upon the Court's own motion, counsel assigned. (See this Court's order entered on October 2, 2003 [M-3671], granting leave to prosecute appeal as a poor person.)

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

M-3672A     In the Matter of M., Joseph

Upon the Court's own motion, counsel assigned. (See this Court's order entered on October 7, 2003 [M-3672], granting leave to prosecute appeal as a poor person.)

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

M-3838A     In the Matter of C., Cornell v H., Cynthia

Upon the Court's own motion, counsel assigned. (See this Court's order entered on October 9, 2003 [M-3838], granting leave to prosecute appeal as a poor person.)

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

M-4563     Santos v Fairview Realty, L.L.C.

Leave to prosecute appeal as a poor person denied.

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

M-3736     Public Administrator for the County of New York as
M-3751     Administrator of the Estate of Lee v Corona Equipment Co., Inc.
(And other actions)

Leave to appeal from the Appellate Term denied.

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

M-3303     Consilvio v L., Alan
M-3406
M-3506

Moving papers deemed a timely served notice of appeal; leave to appeal to this Court from the Transfer Order and Order of the Supreme Court, New York County (M-3303/M-3406) and amendment of caption (M-3506) all granted, as indicated.

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

M-4387     Lewis v Progressive Agency

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

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

M-4786     Wilson v Metropolitan Transportation Authority
(And other actions)

Stay of trial granted; appeals consolidated; and Clerk directed to calendar same for hearing in the January 2004 Term.

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

M-4643     People v Romero, Robert

Substitution of counsel denied.

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

M-4378     Valko v Maggio

Leave to prosecute appeal as a poor person and other related relief denied. Appeal dismissed.

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

M-4079     Great Northern Insurance Company v Kone, Inc.

Appeal dismissed.

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

M-4356     Jimenez v The City of New York

Time to perfect appeal enlarged to the February 2004 Term.

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

M-4470     Taub v Cheriff, Cheriff & Fink, L.L.P.

Time to perfect appeal enlarged to the February 2004 Term.

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

M-4622     Metropolitan Life Insurance Company v Gordon

Time to perfect appeal enlarged to the March 2004 Term; motion otherwise denied, as indicated. (See M-525 entered March 6, 2003).

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

M-4426In the Matter of the Application of
Chin W. Fong (admitted as Chin Wei Fong),
a suspended attorney:

Petitioner reinstated as an attorney and counselor-at-law in the State of New York, effective the date hereof. No opinion. All concur.