| THE FOLLOWING MOTION ORDERS WERE ENTERED AND FILED ON APRIL 12, 2005 |
| Buckley, P.J., Tom, Mazzarelli, Andrias, Saxe, JJ. M-1477X Knight Securities L.P. v Carigon Appeal withdrawn. |
| Buckley, P.J., Tom, Mazzarelli, Andrias, Saxe, JJ. M-1449 Dash v Hochfelder Appeal, previously perfected for the May 2005 Term, withdrawn. |
| Buckley, P.J., Tom, Mazzarelli, Andrias, Saxe, JJ. M-1252 People v Allah, Lordikim M-1253 Caban, Luis M-1254 Cepeda, Jesus M-1255 Cestalano, Edwardo, also known as Cestalano, Eduardo, also known as Cestelano, Eduardo M-1256 Diaz, Juan M-1257 Ford, Alfred, also known as Ford, Alfred G. M-1258 Greene, Herbie M-1260 Nabil, Rahal, also known as Rahal, Nabil Leave to prosecute appeals as poor persons granted, as indicated. |
| Buckley, P.J., Tom, Mazzarelli, Andrias, Saxe, JJ. M-1261 People v Ortiz, Wendell M-1262 Perez, Aturo, also known as Perez, Arturo M-1264 Rodriguez, Jose M-1265 Sanchez, Jorge M-1266 Sparber, Daniel, also known as Sparber, Deniel M-1267 Williams, Michael Leave to prosecute appeals as poor persons granted, as indicated. |
| Buckley, P.J., Mazzarelli, Ellerin, Williams, Sweeny, JJ. M-435 People v Williams, Matthew Leave to prosecute appeal as a poor person denied, with leave to renew, as indicated. |
| Buckley, P.J., Mazzarelli, Friedman, Marlow, Sullivan, JJ. M-583 People v Soto, Jonathan, also known as Soto, Jonathon Leave to prosecute appeal as a poor person denied, with leave to renew, as indicated. |
| Buckley, P.J., Andrias, Sullivan, Ellerin, Williams, JJ. M-1220 Wylan v Pandozy, also known as Martini Stay denied. |
| Buckley, P.J., Mazzarelli, Andrias, Saxe, Friedman, JJ. M-1341 Edward R. Kraft Construction, LLC v Tiago Holdings, LLC Stay and other relief denied; interim relief granted by order of a Justice of this Court, dated March 22, 2005, vacated. |
| Buckley, P.J., Tom, Andrias, Friedman, Sullivan, JJ. M-784 In the Matter of Consilvio v Avery Stay granted; appellant directed to perfect appeal for the September 2005 Term. (See M-784A, decided simultaneously herewith.) Buckley, P.J. M-784A In the Matter of Consilvio v Avery Leave to appeal to this Court granted. (See M-784, decided simultaneously herewith.) |
| Buckley, P.J., Tom, Andrias, Friedman, Sullivan, JJ. M-223 M-333 M-391 M-483 M-1102 Merrigan v New York City Housing Authority (And a third-party action) Time to perfect appeal from the judgments entered on or about March 29, 2004 enlarged to September 2005 Term and dismissal of appeals granted unless perfected for said Term, all as indicated. Appeals from orders entered on or about July 2, 2003 and October 17, 2003 are dismissed as subsumed in the appeal of the judgments entered on or about March 29, 2004. |
| Tom, J.P., Friedman, Ellerin, Sweeny, Catterson, JJ. M-1039 People v Elias, Armando Leave to prosecute appeal as a poor person granted, as indicated. |
| Tom, J.P., Friedman, Ellerin, Sweeny, Catterson, JJ. M-1050 People v Garcia-Piola, Felo, also known as Garcia-Piola, Fezo Leave to prosecute appeal as a poor person granted, as indicated. |
| Tom, J.P., Friedman, Ellerin, Sweeny, Catterson, JJ. M-1054 People v Downes, Andrea Leave to prosecute appeal as a poor person granted, as indicated. |
| Tom, J.P., Marlow, Sullivan, Nardelli, Williams, JJ. M-1146 People v Marrero, Jose Leave to prosecute appeal as a poor person granted, as indicated. |
| Tom, J.P., Marlow, Sullivan, Nardelli, Williams, JJ. M-1164 People v Canas, Mauricio Leave to prosecute appeal as a poor person granted, as indicated. |
| Tom, J.P., Marlow, Sullivan, Nardelli, Williams, JJ. M-1117 People v Strother, Hassan Moving papers deemed a timely filed notice of appeal; leave to prosecute appeal as a poor person granted, as indicated. |
| Tom, J.P., Marlow, Sullivan, Nardelli, Williams, JJ. M-765 M-1116 People v Price, Lenford, also known as Pryce, Lenford Dismissal of appeal denied; leave to prosecute appeal as a poor person denied, with leave to renew, as indicated. |
| Tom, J.P., Andrias, Saxe, Friedman, Nardelli, JJ. M-360 In the Matter of O., Octavia Lorraine - Leake and Watts Services, Inc. Leave to prosecute appeal as a poor person granted, as indicated. (See M-360A, decided simultaneously herewith.) |
| Friedman, J. M-360A In the Matter of O., Octavia Lorraine - Leake and Watts Services, Inc. Stay denied. (See M-360, decided simultaneously herewith.) |
| Tom, J.P., Mazzarelli, Saxe, Nardelli, JJ. M-274 M-387 Srour v Dwelling Quest Corp. Leave to appeal to the Court of Appeals granted; costs and disbursements denied. |
| Tom, J.P., Marlow, Sullivan, Nardelli, Williams, JJ. M-1137 Bolanos v The City of New York (And other actions) Time to perfect appeal enlarged to the September 2005 Term. |
| Tom, J.P., Andrias, Marlow, Ellerin, Sweeny, JJ. M-1199 In the Matter of J., Zarlia Loretta - Abbott House, Inc. Enlargement of time to perfect appeal denied, as unnecessary. (See the order of this Court entered on March 29, 2005 [M-982].) |
| Tom, J.P., Andrias, Marlow, Ellerin, Sweeny, JJ. M-1184 Portlette v Metropolitan Transit Authority Time to perfect appeal enlarged to the September 2005 Term. |
| Tom, J.P., Marlow, Sullivan, Nardelli, Williams, JJ. M-1227 In the Matter of P., Christopher and P., Brian - Administration for Children's Services Office of Legal Affairs Time to perfect appeals enlarged to the October 2005 Term. |
| Tom, J.P., Andrias, Ellerin, Gonzalez, Catterson, JJ. M-1079 Turner Construction Company v OC Iron Works, Inc., doing business as Orange County iron Works (And a third-party action) Stay granted by order of this Court entered February 17, 2005 (M-307) modified, as indicated. |
| Tom, J.P., Marlow, Sullivan, Nardelli, Williams, JJ. M-1109 People v Adames, Rafael Reynoso Leave to file pro se supplemental brief granted for the September 2005 Term, to which Term appeal adjourned; motion otherwise denied. |
| Tom, J.P., Andrias, Saxe, Friedman, Nardelli, JJ. M-716 Shah v Wilco Systems, Inc. (And another action) Appeals consolidated; same adjourned to the September 2005 Term. (See M-1371, decided simultaneously herewith.) |
| Tom, J.P., Andrias, Saxe, Friedman, Nardelli, JJ. M-1371 Shah v Wilco Systems, Inc. (And another action) Leave to strike affidavit of Andrew Arid denied, as indicated. (See M-716, decided simultaneously herewith.) |
| Mazzarelli, J.P., Saxe, Ellerin, Gonzalez, Catterson, JJ. M-1090 People v Woods, Leroy Leave to prosecute appeal as a poor person granted, as indicated. |
| Mazzarelli, J.P., Andrias, Friedman, Sweeny, Catterson, JJ. M-1068 People v Leung, Wai Yin Moving papers deemed a timely filed notice of appeal. |
| Mazzarelli, J.P., Saxe, Ellerin, Gonzalez, Catterson, JJ. M-1245 Mohan v Riconda (And a third-party action) Time to perfect appeal enlarged to the September 2005 Term. |
| Mazzarelli, J.P., Saxe, Ellerin, Gonzalez, Catterson, JJ. M-1193 In the Matter of Pachtman v The New York City Department of Buildings Time to perfect proceeding enlarged to the September 2005 Term, as indicated. |
| Mazzarelli, J.P., Saxe, Ellerin, Gonzalez, Catterson, JJ. M-981 Szpakowski v Shelby Realty, LLC (And a third-party action) Appeal and cross appeal adjourned to the September 2005 Term. |
| Mazzarelli, J.P., Saxe, Ellerin, Gonzalez, Catterson, JJ. M-1086 People v Rodriguez, Randy Time to perfect appeal enlarged to the September 2005 Term. |
| Mazzarelli, J.P., Andrias, Friedman, Sweeny, Catterson, JJ. M-1205 Instinet Corporation v Susquehanna Capital Group (And other actions) Time to perfect appeal enlarged to the September 2005 Term. |
| Mazzarelli, J.P., Andrias, Friedman, Sweeny, Catterson, JJ. M-1276 M-1367 M-1393 Sachs v Adeli Enlargement of record on appeal denied; dismissal denied. |
| Mazzarelli, J.P., Saxe, Friedman, Ellerin, Nardelli, JJ. M-763 People ex rel. Jackson, Tyrone L. v Warden Renewal denied. |
| Mazzarelli, J.P., Andrias, Friedman, Sweeny, Catterson, JJ. M-1143 People v Hiraldo, Pedro Leave to be provided with certified copy of transcripts denied. |
| Andrias, J.P., Sullivan, Williams, Gonzalez, Catterson, JJ. M-867 In the Matter of V., Luz Maria - The Administration for Children's Services Vacatur of order denied; transcription of minutes directed and appeal adjourned to September 2005 Term, all as indicated. (See M-867A, decided simultaneously herewith.) Catterson, J. M-867A In the Matter of V., Luz Maria - The Administration for Children's Services Stay denied. (See M-867, decided simultaneously herewith.) |
| Andrias, J.P., Saxe, Sullivan, Ellerin, Williams, JJ. M-1215 Baker v Winter Stay denied; interim relief granted by order of a Justice of this Court, dated March 15, 2005, vacated. |
| Andrias, J.P., Saxe, Sullivan, Ellerin, Williams, JJ. M-1389 Green v New York City Health and Hospitals Corporation Stay of trial denied. |
| Friedman, J.P., Marlow, Nardelli, Sweeny, Catterson, JJ. M-1113 Yuster v Manning McCormick York, Inc. Reargument denied. |
| Marlow, J.P., Gonzalez, Sweeny, Catterson, JJ. M-1053 People v Reyes, Cecilio, also known as Varela, Reggie Leave to prosecute appeal as a poor person granted, as indicated. |
| Marlow, J.P., Ellerin, Nardelli, Williams, Sweeny, JJ. M-1468 Diaz v Siegel Leave to withdraw as counsel granted, as indicated; appeal adjourned to the September 2005 Term. |
| Marlow, J.P., Ellerin, Nardelli, Williams, Sweeny, JJ. M-1285 In the Matter of Breslaw v Sakow - Estate of Sakow Preliminary appellate injunction denied; interim relief granted by order of a Justice of this Court, dated March 18, 2005, vacated. |
| Andrias, J. M-844 People v Cain, Bradley Leave to appeal to this Court denied. |
| Andrias, J. M-1044 People v Jones, Michael Leave to appeal to this Court denied. |
| Sullivan, J. M-380 People v Romero, Edwin Leave to appeal to this Court denied. |
| Sullivan, J. M-940 People v Reid, Nadjari Leave to appeal to this Court denied. |
| Sullivan, J. M-1119 People v Encarnacion, Yanis Leave to appeal to this Court denied. |
| Sullivan, J. M-1043 People v Greene, Kenneth Leave to appeal to this Court denied. |
| Mazzarelli, J.P., Saxe, Ellerin, Nardelli, Williams, JJ. In the Matter of Attorneys Who Are in Violation of Judiciary Law Section 468-a: M-1140Christina Polischuk, admitted on April 6, 1982, at a Term of the Appellate Division, First Department Respondent reinstated as an attorney and counselor- at-law in the State of New York for the biennial registration period(s) ending 1995 and petitioner deemed retired from the practice of law in the State of New York commencing with the biennial registration period 1996-1997. No opinion. All concur. |
| Mazzarelli, J.P., Andrias, Saxe, Marlow, Gonzalez, JJ. M-5360 In the Matter of Alfred J. Hemlock, a disbarred attorney: Application for reinstatement as an attorney and counselor-at-law in the State of New York granted only to the extent of referring this matter to a Hearing Panel for a hearing and report, as indicated. No Opinion. All concur. |
| Andrias, J.P., Saxe, Friedman, Nardelli, Williams, JJ. M-1096 In the Matter of Michael L. Leavitt, (admitted as Michael Louis Leavitt), 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. |
| Mazzarelli, J.P., Andrias, Saxe, Marlow, Williams, JJ. M-5735 In the Matter of Steven F. Goldman, an attorney and counselor-at-law: Respondent's resignation accepted and his name stricken from the roll of attorneys and counselors-at-law in the State of New York effective May 12, 2005; as indicated. Opinion Per Curiam. All concur. |
| The Following Orders Were Entered And Filed On April 7, 2005: |
| Buckley, P.J., Mazzarelli, Andrias, Saxe, Friedman, JJ. M-1357 Ainetchi v 500 West End LLC CPLR 5704(a) relief denied, as indicated. |
| Tom, J.P., Mazzarelli, Friedman, Gonzalez, Catterson, JJ. M-1380 Hawkins Delafield & Wood LLP v RBNB 67 Wall Street Owner LLC Preliminary appellate injunction denied. |
| Andrias, J.P., Saxe, Sullivan, Ellerin, Williams, JJ. M-1064 Pierce v HSBC Mortgage Corp. (USA) Leave to file brief amicus curiae granted, as indicated. |