| THE FOLLOWING MOTION ORDERS WERE ENTERED AND FILED ON DECEMBER 7, 2004 |
| Buckley, P.J., Nardelli, Tom, Mazzarelli, Andrias, JJ. M-5128X Allaico v Lehr Construction Corp. Appeals withdrawn. |
| Buckley, P.J., Nardelli, Tom, Mazzarelli, Andrias, JJ. M-5161X Quinones v 254 E. 174 Realty, LLC Appeal withdrawn. |
| Buckley, P.J., Nardelli, Tom, Mazzarelli, Andrias, JJ. M-4791 D.C.# 49 People v Melette, Andre, also known as Allen, Anthony, also known as Melet, Andre Upon the Court's own motion, appeal deemed perfected for the February 2005 Term. |
| Buckley, P.J., Nardelli, Sullivan, Lerner, JJ. M-4873 People v McRae, James Leave to prosecute appeal as a poor person granted, as indicated. |
| Buckley, P.J., Mazzarelli, Andrias, Williams, Sweeny, JJ. M-4172 Dubose v Anton & Partners, Inc. Leave to appeal from the Appellate Term denied. |
| Buckley, P.J., Mazzarelli, Andrias, Williams, Sweeny, JJ. M-4273 People v Orellana, Napoleon Leave to prosecute appeal as a poor person denied, with leave to renew, as indicated. |
| Buckley, P.J., Mazzarelli, Ellerin, Williams, Marlow, JJ. M-4867 People v Sosa, Gilberto Leave to prosecute appeal as a poor person denied, with leave to renew, as indicated. |
| Buckley, P.J., Andrias, Sullivan, Ellerin, Williams, JJ. M-5023 In the Matter of National Equipment Corporation v Ruiz Stay granted. |
| Buckley, P.J., Ellerin, Lerner, Marlow, Catterson, JJ. M-4664 People v Rodriquez, David M-5052 Appellate brief deemed withdrawn; retained counsel discharged; substitution of counsel denied, as indicated; time to perfect appeal enlarged to the April 2005 Term. |
| Buckley, P.J., Williams, Lerner, Gonzalez, Sweeny, JJ. M-4730 People v Torres, Nelson Leave to prosecute appeal as a poor person granted, as indicated. |
| Buckley, P.J., Williams, Lerner, Gonzalez, Sweeny, JJ. M-4814 Franklin v Miner Leave to prosecute appeal as a poor person granted to the extent indicated. |
| Buckley, P.J., Williams, Lerner, Gonzalez, Sweeny, JJ. M-4776 People v Batista, Arlene Enlargement of time to file notice of appeal and other relief denied. |
| Buckley, P.J., Williams, Lerner, Gonzalez, Sweeny, JJ. M-4645 People v Holland, Phillip Moving papers deemed a timely filed notice of appeal. |
| Buckley, P.J., Williams, Lerner, Gonzalez, Sweeny, JJ. M-4424 Kuttemperoor v Faroqui Time to perfect appeal enlarged to the March 2005 Term, as indicated. |
| Buckley, P.J., Lerner, Friedman, Sweeny, Catterson, JJ. M-5231 Clark Construction Corporation v BLF Realty Holding Corp. Leave to strike direct appellants' brief and record on appeal granted, with leave to reperfect same for the April 2005 Term; Clerk directed to accept revised brief and record without further fee; motion otherwise denied; interim relief granted by order of a Justice of this Court, dated October 5, 2004 (M-3808/M-3938) remains in effect, as indicated. |
| Nardelli, J.P., Tom, Sullivan, Ellerin, Williams, JJ. M-4720 People v Stapkowitz, Joseph Leave to prosecute appeal as a poor person denied, with leave to renew, as indicated. |
| Nardelli, J.P., Mazzarelli, Saxe, Friedman, Catterson, JJ. M-4618 Reid v Boston Post Medical Group, LLC Appeal dismissed. |
| Nardelli, J.P., Mazzarelli, Saxe, Friedman, Catterson, JJ. M-4601 People v Velez, Michael, also known as Velez, Michael-Tony Counsel relieved; leave to proceed pro se granted, as indicated. |
| Nardelli, J.P., Mazzarelli, Saxe, Friedman, Catterson, JJ. M-4769 People v Whitehurst, Willie Leave to prosecute appeal as a poor person granted to the extent indicated. |
| Nardelli, J.P., Mazzarelli, Saxe, Friedman, Catterson, JJ. M-4940 Gondal v NYC Department of Education Leave to prosecute appeal as a poor person granted to the extent indicated. |
| Nardelli, J.P., Mazzarelli, Andrias, Friedman, Gonzalez, JJ. M-4488 Gross v Mega Marts, Inc. M-4967 Stay of trial denied; interim relief granted by order of a Justice of this Court, dated October 7, 2004, vacated; cross motion granted accordingly. |
| Nardelli, J.P., Mazzarelli, Andrias, Friedman, Gonzalez, JJ. M-4973 212 Investment Corporation v Kaplan Stay denied; interim relief granted by order of a Justice of this Court, dated November 1, 2004, vacated; appeal dismissed. |
| Nardelli, J.P., Mazzarelli, Lerner, Friedman, Marlow, JJ. M-4416 People v Loadholt, Ronald Counsel substituted. |
| Nardelli, J.P., Andrias, Ellerin, Williams, JJ. M-2978 People v Llaca, Jose Reargument or other relief denied. |
| Tom, J.P., Ellerin, Williams, Lerner, Catterson, JJ. M-4585 Oliver v Kenvic Associates Leave to prosecute appeal as a poor person denied. |
| Tom, J.P., Sullivan, Williams, Lerner, Sweeny, JJ. M-4156 People ex rel. Whitney, Wayne v Warden Moving papers deemed a timely filed notice of appeal; leave to prosecute appeal as a poor person denied, with leave to renew, as indicated. |
| Tom, J.P., Ellerin, Williams, Lerner, Catterson, JJ. M-4587 People v Coleman, Gary Leave to prosecute appeal as a poor person granted, as indicated. |
| Tom, J.P., Ellerin, Williams, Lerner, Catterson, JJ. M-4636 People v Diaz, Miguel Notice of appeal deemed timely filed; leave to prosecute appeal as a poor person denied, with leave to renew, as indicated. |
| Tom, J.P., Mazzarelli, Saxe, Sullivan, Friedman, JJ. M-5230 Dolan v Liberty Contracting Corp. (And Other Actions) Stay of trial granted on condition appeal perfected for the April 2005 Term, as indicated. |
| Mazzarelli, J.P., Andrias, Friedman, Marlow, Sweeny, JJ. M-4476 People v Whitely, George Notice of appeal deemed timely filed; leave to prosecute appeal as a poor person denied, with leave to renew, as indicated. |
| Mazzarelli, J.P., Andrias, Friedman, Marlow, Sweeny, JJ. M-4479 People v Garcia, 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. |
| Mazzarelli, J.P., Ellerin, Lerner, Friedman, Sweeny, JJ. M-4026 Suarez v Bakalchuk Dismissal of appeal denied. |
| Andrias, J.P., Sullivan, Ellerin, Lerner, Marlow, JJ. M-4641 People v Gomez, George, also known as Perez, George Moving papers deemed a timely filed notice of appeal; leave to prosecute appeal as a poor person granted, as indicated. |
| Andrias, J.P., Sullivan, Ellerin, Lerner, Marlow, JJ. M-4684 People v Gonzalez, Raul A. Moving papers deemed a timely filed notice of appeal; leave to prosecute appeal as a poor person granted, as indicated. |
| Andrias, J.P., Sullivan, Ellerin, Lerner, Marlow, JJ. M-4809 People v Garcia, David Counsel substituted. |
| Sullivan, J.P., Ellerin, Lerner, Marlow, Catterson, JJ. M-4789 People v Jeffrey, Jonathan Appeal deemed withdrawn. |
| Sullivan, J.P., Ellerin, Lerner, Marlow, Catterson, JJ. M-4865 People v Vaello, Jose Notice of appeal deemed timely filed; leave to prosecute appeal as a poor person granted, as indicated. |
| Sullivan, J.P., Ellerin, Lerner, Marlow, Catterson, JJ. M-4956 Harris v Hernandez Leave to prosecute appeal as a poor person denied, with leave to renew, as indicated. |
| Sullivan, J.P., Ellerin, Lerner, Marlow, Catterson, JJ. M-5087 Ramirez v Columbia-Presbyterian Medical Center Time to perfect appeal enlarged to the March 2005 Term, as indicated. |
| Sullivan, J.P., Ellerin, Lerner, Marlow, Catterson, JJ. M-4921 Jamie v Gregorio Time to perfect appeal and cross appeal enlarged to the March 2005 Term. |
| Sullivan, J.P., Ellerin, Lerner, Marlow, Catterson, JJ. M-4888 In the Matter of Markman v New York City Article II Police Pension Fund Time to perfect appeal enlarged to the April 2005 Term. |
| Sullivan, J.P., Ellerin, Lerner, Marlow, Catterson, JJ. M-4949 Morrow v Frkovic-Morrow Time to perfect appeal enlarged to the May 2005 Term. |
| Sullivan, J.P., Ellerin, Lerner, Marlow, Catterson, JJ. M-4856 Shahram v Darvish M-4996 Appeal dismissed; motion and cross motion otherwise denied, as indicated; interim relief granted by order of a Justice of this Court, dated October 25, 2004, vacated. |
| Sullivan, J.P., Ellerin, Lerner, Marlow, Catterson, JJ. M-4711 Melnitzky v North Fork Savings Bank Appeal adjourned to the May 2005 Term; leave to strike portions of record on appeal denied, as indicated. |
| Williams, J.P., Marlow, Gonzalez, Sweeny, Catterson, JJ. M-5245 Empire Blue Cross and Blue Shield v Various Underwriters at Lloyds, London Stay granted. |
| Williams, J.P., Marlow, Gonzalez, Sweeny, Catterson, JJ. M-5369 Urfirer v Cornfeld Respondent directed to file proposed supplemental record on appeal on or before December 8, 2004, as indicated. |
| The following orders were entered and filed on December 2, 2004: |
| Nardelli, J.P., Tom, Saxe, Friedman, Sweeny, JJ. M-5144 De Soignies v Cornasesk House Tenants' Corp. Adjournment of appeal denied. |
| Nardelli, J.P., Tom, Saxe, Friedman, Sweeny, JJ. M-5026 In the Matter of McA., Juliet -Commissioner of the Administration for Children's Services Appeal adjourned to the February 2005 Term. |
| Nardelli, J.P., Tom, Saxe, Friedman, Sweeny, JJ. M-5124 In the Matter of L., Chadae Natalege- Jewish Child Care Association Leave to appeal to this Court granted; appellant directed to perfect same on or before January 31, 2005 for the April 2005 Term. (See M-5124A, decided simultaneously herewith.) |
| Friedman, J. M-5124A In the Matter of L., Chadae Natalege- Jewish Child Care Association Stay granted; appellant directed to perfect appeal on or before January 31, 2005 for the April 2005 Term. (See M-5124, decided simultaneously herewith.) |
| Tom, J.P., Mazzarelli, Saxe, Sullivan, Friedman, JJ. M-5240 Heilbut v Heilbut Supplemental record on appeal deemed filed; appeal deemed submitted for hearing on calendar of December 7, 2004. |