| THE FOLLOWING MOTION ORDERS WERE ENTERED AND FILED ON DECEMBER 14, 2004 |
| Buckley, P.J., Nardelli, Tom, Mazzarelli, Andrias, JJ. M-5216X Chait v Kamal M-5261X Katz v Dream Trans, Inc. M-5262X Kantrowitz v LaRoche M-5263X Silgan Containers Corporation v American National Can Company Appeals withdrawn. |
| Buckley, P.J., Nardelli, Tom, Mazzarelli, Andrias, JJ. M-5299 Schlacter v Meza Appeal, previously perfected for the December 2004 Term, withdrawn. |
| Buckley, P.J., Nardelli, Andrias, Saxe, Lerner, JJ. M-4959 Joseph v New York City Police Department Leave to prosecute appeal as a poor person granted to the extent indicated. |
| Buckley, P.J., Ellerin, Lerner, Marlow, Catterson, JJ. M-5041 People v Sherwood, Harold 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 M-4698 (D.C. #1) In the Matter of Frey v ABC News, Inc. Upon the Court's own motion, appeal deemed withdrawn. |
| Buckley, P.J., Nardelli, Tom, Mazzarelli, Andrias, JJ. M-4753 (D.C. #66) People v Pimental, Delvi Antonio, also known as Pimental, Delby Antonio M-4786 (D.C. #48) People v McLaurin, Isaac M-4794 (D.C. #52) People v Morusma, Jean M-4842 (D.C. #85) People v Tejeda, Wascar Upon the Court's own motions, time to perfect appeals enlarged to the March 2005 Term, as indicated. |
| Buckley, P.J., Nardelli, Tom, Mazzarelli, Andrias, JJ. M-2136A (D.C. #21) In the Matter of O., Shawn Administration for Children's Services of the City of New York Upon the Court's own motion, time to perfect appeal enlarged to the April 2005 Term, as indicated; the order of this Court entered on September 2, 2004 (M-2136) recalled and vacated. |
| Buckley, P.J., Nardelli, Tom, Mazzarelli, Andrias, JJ. M-4412 People v Moreno, John Vero M-4793 (D.C. #51) Upon papers filed and upon the Court's own motion, time to perfect appeal enlarged to the March 2005 Term. |
| Buckley, P.J., Nardelli, Tom, Mazzarelli, Andrias, JJ. M-5008 People v Neil, Vernon M-4798 (D.C. #56) Upon papers filed and upon the Court's own motion, retained counsel deemed discharged; counsel substituted; poor person relief previously granted continued; time to perfect appeal enlarged, all as indicated. |
| Buckley, P.J., Nardelli, Tom, Mazzarelli, Andrias, JJ. M-4803A (D.C. #61) People v Patrick, Collin M-5029 Upon papers filed and upon the Court's own motion, counsel substituted; poor person relief previously granted continued; time to perfect appeal enlarged, all as indicated; the order of this Court entered on November 30, 2004 (M-5803) recalled and vacated. |
| Buckley, P.J., Ellerin, Lerner, Marlow, Catterson, JJ. M-5084 Morrison Cohen Singer & Weinstein, LLP v Brophy Time to perfect appeal enlarged to the March 2005 Term. |
| Buckley, P.J., Andrias, Sullivan, Ellerin, Williams, JJ. M-5089 Chitayat v Madison Medical The Private Practice Group of New York, LLP Time to perfect appeal enlarged to the March 2005 Term. |
| Buckley, P.J., Ellerin, Lerner, Marlow, Catterson, JJ. M-5188 NNA Restaurant Management, LLC v Eshaghian Time to perfect appeal and cross appeal enlarged to the May 2005 Term. |
| Buckley, P.J., Ellerin, Lerner, Marlow, Catterson, JJ. M-5063 Shapiro v Shapiro CPLR 5704(a) and other relief denied. |
| Buckley, P.J., Nardelli, Tom, Mazzarelli, Gonzalez, JJ. M-1323 People v Flemming, Woodrow Writ of error coram nobis denied. |
| Nardelli, J.P., Mazzarelli, Andrias, Friedman, Gonzalez, JJ. M-4937 Allah v Consilvio Leave to prosecute appeal as a poor person granted to the extent indicated. |
| Nardelli, J.P., Mazzarelli, Sullivan, Friedman, Gonzalez, JJ. M-5009 In the Matter of Anthony v New York State Division of Parole Leave to prosecute appeal as a poor person granted to the extent indicated. |
| Nardelli, J.P., Mazzarelli, Sullivan, Friedman, Gonzalez, JJ. M-5032 People v Burgos, Raul Moving papers deemed a timely filed notice of appeal; leave to prosecute appeal as a poor person granted, as indicated. |
| Nardelli, J.P., Mazzarelli, Sullivan, Friedman, Gonzalez, JJ. M-5033 People v Camilo, Angel Moving papers deemed a timely filed notice of appeal; leave to prosecute appeal as a poor person granted, as indicated. |
| Nardelli, J.P., Tom, Sullivan, Ellerin, Williams, JJ. M-4649 People v Coppolo, Frank, also known as Coppollo, Frank Leave to prosecute appeal as a poor person granted, as indicated. (See M-5027, decided simultaneously herewith.) |
| Nardelli, J.P., Tom, Sullivan, Ellerin, Williams, JJ. M-5027 People v Coppolo, Frank, also known as Coppollo, Frank Leave to prosecute appeal as a poor person granted, as indicated. (See M-4649, decided simultaneously herewith.) |
| Nardelli, J.P., Mazzarelli, Andrias, Friedman, Gonzalez, JJ. M-4971 In the Matter of F., Felix Time to perfect appeal enlarged to the May 2005 Term. |
| Nardelli, J.P., Mazzarelli, Andrias, Friedman, Gonzalez, JJ. M-4934 Huyge v The City of New York Leave to prosecute appeal as a poor person denied, with leave to renew, as indicated. |
| Nardelli, J.P., Saxe, Sullivan, Ellerin, Sweeny, JJ. M-4174 Karayiannis v 63-68 Diners Corp. (And a third-party action) Enlargement of time to perfect appeal denied; appeal dismissed. |
| Nardelli, J.P., Tom, Saxe, Friedman, Sweeny, JJ. M-5141 People v Wells, Lionel, also known as Wells, Lionel A. Time to perfect appeal enlarged to the April 2005 Term. |
| Nardelli, J.P., Mazzarelli, Andrias, Friedman, Gonzalez, JJ. M-4964 Brantley, also known as Robinson v New York City Housing Authority Proceeding dismissed unless perfected for the April 2005 Term, as indicated. |
| Nardelli, J.P., Mazzarelli, Ellerin, Marlow, Catterson, JJ. M-5371 Sweet Construction Corporation v The 291 Seventh Avenue Condominium; 291 Seventh Avenue Realty, LLC v Sweet Construction Corp. Stay and other relief denied. |
| Tom, J.P., Andrias, Sullivan, Ellerin, Sweeny, JJ. M-4280 In the Matter of V., Fernando, also known as W., Fernando Administration for Children's Services Appeal dismissed. |
| Tom, J.P., Saxe, Williams, Sweeny, Catterson, JJ. M-4985 Cruz v Taino's Construction Corp. Dismissal of appeal denied. |
| Tom, J.P., Andrias, Friedman, Williams, Sweeny, JJ. M-4661 Advance Magazine Publishers, Inc., doing business as M-5020The Conde Nast Publications v Vermilion, Inc., doing business as Vermilion Design Dismissal of appeal denied, as indicated; appeal deemed withdrawn. |
| Tom, J.P., Andrias, Saxe, Williams, Sweeny, JJ. M-4924 People v Robinson, Malik Leave to prosecute appeal as a poor person granted, as indicated. |
| Tom, J.P., Mazzarelli, Andrias, Ellerin, Lerner, JJ. M-5031 People v Adkinson, Shakela Leave to prosecute appeal as a poor person granted, as indicated. |
| Tom, J.P., Williams, Friedman, Marlow, Sweeny, JJ. M-3827A In the Matter of V., Kristen Simone Lakeside Family & Children's Services Leave to prosecute appeal as a poor person granted, as indicated; the order of this Court entered on October 19, 2004 (M-3827) recalled and vacated. |
| Tom, J.P., Saxe, Williams, Sweeny, Catterson, JJ. M-4870 People v Hernandez, Jorge Moving papers deemed a timely filed notice of appeal; leave to prosecute appeal as a poor person granted, as indicated. |
| Tom, J.P., Saxe, Williams, Sweeny, Catterson, JJ. M-4977 People v Perry, Timothy Moving papers deemed a timely filed notice of appeal; leave to prosecute appeal as a poor person granted, as indicated. |
| Tom, J.P., Ellerin, Williams, Lerner, Catterson, JJ. M-4609 People v Williams, Pierre Leave to prosecute appeal as a poor person denied, with leave to renew, as indicated. |
| Tom, J.P., Saxe, Williams, Sweeny, Catterson, JJ. M-5053 People v Pichardo, Rafael, also known as Rosario, Rafael Delgadillo Leave to prosecute appeal as a poor person denied, with leave to renew, as indicated. |
| Tom, J.P., Saxe, Williams, Sweeny, Catterson, JJ. M-5108 Lafata v Jiminez Time to perfect appeal enlarged to the April 2005 Term. |
| Tom, J.P., Saxe, Williams, Sweeny, Catterson, JJ. M-5185 Pryor v New York Property Insurance Underwriting Association Time to perfect appeal enlarged to the May 2005 Term. |
| Tom, J.P., Saxe, Williams, Sweeny, Catterson, JJ. M-4978 People v Hansen, Eduardo Assigned counsel relieved; substitution of retained counsel denied, as unnecessary; transcription of minutes directed. |
| Tom, J.P., Saxe, Williams, Sweeny, Catterson, JJ. M-5028 People v Rivera, Victor Notice of appeal and order of assignment amended, as indicated. |
| Tom, J.P., Andrias, Williams, Marlow, Gonzalez, JJ. M-4489 Klein v Beta I, LLC M-4554 M-4555 Reargument or other relief denied; leave to appeal to the Court of Appeals denied. |
| Tom, J.P., Andrias, Saxe, Ellerin, Marlow, JJ. M-3690 Cox v Microsoft Corporation Leave to appeal to the Court of Appeals denied. |
| Tom, J.P., Mazzarelli, Saxe, Sullivan, Friedman, JJ. M-4960 Griffin v New York City Transit Authority; New York M-5115 City Transit Authority v T. Moriarity & Sons, Inc. (And a second third-party action) Stay of trial granted. |
| Tom, J.P., Andrias, Sullivan, Williams, Gonzalez, JJ. M-5462 Wander v Meier (And another action) Appeal adjourned to the March 2005 Term; respondents granted leave to file a supplemental record on appeal, as indicated; motion otherwise denied. |
| Tom, J.P., Mazzarelli, Saxe, Sullivan, Friedman, JJ. M-5151 Astwood v Bovis Lend Lease LMB, Inc. Stay of trial granted. |
| Mazzarelli, J.P., Andrias, Sullivan, Lerner, Gonzalez, JJ. M-4436 New York City Health and Hospitals Corporation v St. Barnabas Hospital Reargument denied. |
| Andrias, J.P., Ellerin, Williams, Lerner, Gonzalez, JJ. M-4461 Matrix Capital Bank v Maniar Reargument denied. |
| Saxe, J.P., Williams, Friedman, Marlow, JJ. M-2709 Barnes v New York Merchantile Exchange, Inc.; AJ Contracting Company, Inc. v Forest Datacom Services, Inc. (And other actions) Reargument denied, as indicated. |
| Saxe, J.P., Sullivan, Ellerin, Williams, Lerner, JJ. M-3840 People v James, Joseph Writ of error coram nobis denied. |
| Sullivan, J.P., Williams, Lerner, Friedman, JJ. M-4321 People v Lopez, Eliot Writ of error coram nobis denied. |
| Ellerin, J.P., Williams, Lerner, Marlow, JJ. M-5011 Curry v Common Ground Community, H.D.F.C., Inc. Reargument or other relief denied, as indicated; Clerk directed to accept no further filings from movant in this matter without prior leave of this Court. |
| Lerner, J.P., Marlow, Gonzalez, Sweeny, Catterson, JJ. M-4774 People v Paulino, Arcadio, also known as Arcadia, Paulino Leave to prosecute appeal as a poor person granted, as indicated. |
| Catterson, J. M-3956 People v Blackman, Mike, also known as Valentine, Percival 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-4931Joseph P. Mooney, admitted on December 13, 1989, at a Term of the Appellate Division, Second Department Reinstatement denied, as indicated. No Opinion. All concur. |
| Mazzarelli, J.P., Ellerin, Williams, Lerner, Gonzalez, JJ. M-5057 In the Matter of Mac Truong, a suspended attorney: Motion denied in its entirety, as indicated. No opinion. All concur. |
| The following order was entered and filed on December 9, 2004. |
| Buckley, P.J., Williams, Lerner, Gonzalez, Sweeny, JJ. M-5002 Grande Prairie Energy LLC v Alstom Power Inc. Stay granted on condition appeal perfected for the March 2005 Term, as indicated. |