| THE FOLLOWING MOTION ORDERS WERE ENTERED AND FILED ON DECEMBER 9, 2003 |
| Buckley, P.J., Nardelli, Tom, Mazzarelli, Andrias, JJ. M-5328X Eastside Exhibition Corp. v 210 East 86th Street Corp. M-5329X Soto v Barnes & Noble, Inc. M-5382X Nazario v The City of New York M-5383X Hand v Kenyon & Kenyon M-5384X Taftsiou v New York City Transit Authority M-5385X Rivers v Council Tower Housing Development Fund Corporation M-5386X Madison 74th Company v Shopwell, Inc. Appeals withdrawn. |
| Buckley, P.J., Nardelli, Tom, Mazzarelli, Andrias, JJ. M-5381X Alonso v 401 East 74th Owners Corp. Appeal and cross appeal withdrawn. |
| Buckley, P.J., Tom, Ellerin, Gonzalez, JJ. M-4728 People v Reid, Darryl, also known as Reid, Brian Moving papers deemed a timely filed notice of appeal; leave to prosecute appeal as a poor person granted, as indicated. |
| Buckley, P.J., Andrias, Williams, Lerner, Gonzalez, JJ. M-4941 People v Castro, Raymond Leave to prosecute appeal as a poor person granted, as indicated. |
| Buckley, P.J., Nardelli, Tom, Mazzarelli, Andrias, JJ. M-5232 People v Colon, Paul Leave to prosecute appeal as a poor person granted, as indicated. |
| Buckley, P.J., Nardelli, Tom, Mazzarelli, Andrias, JJ. M-5234 People v Johnson, William, also known as Johnson, William Foster Leave to prosecute appeal as a poor person granted, as indicated. |
| Buckley, P.J, Tom, Ellerin, Gonzalez, JJ. M-5046 In the Matter of M., Rigoberto and M., Emmanuel - The Children's Village Matter remanded to Family Court, Bronx County, for a reconstruction hearing, as indicated; time to perfect appeal enlarged to the May 2004 Term. |
| Buckley, P.J., Tom, Ellerin, Williams, JJ. M-4604 People v Lewis, Harry, also known as Louis, Harry Leave to prosecute appeal as a poor person denied, with leave to renew, as indicated. |
| Buckley, P.J., Saxe, Ellerin, Marlow, Gonzalez, JJ. M-5208 Cenni v Wiedman Time to perfect appeal enlarged to the May 2004 Term. |
| Buckley, P.J., Tom, Ellerin, Gonzalez, JJ. M-5045 In the Matter of D., Michael Steven; D., Luis Michael; D., Samantha Lee Marie; D., Richard Joseph; and D., Stephanie, also known as B., Stepanie, also known as B., Baby Girl - The Children's Village Time to perfect appeal enlarged to the April 2004 Term. |
| Buckley, P.J., Mazzarelli, Andrias, Sullivan, Marlow, JJ. M-4730 People v Espinosa, Catalino Enlargement of time to file notice of appeal, and other relief denied, as indicated. |
| Buckley, P.J., Rosenberger, Ellerin, Williams, Gonzalez, JJ. M-4733 People v Salvatore, Michael, also known as Oliva, Salvatore Michael Enlargement of time to file notice of appeal denied, as indicated. |
| Buckley, P.J., Tom, Ellerin, Gonzalez, JJ. M-4897 The Petition of Blumenthal - In re: The Estate of Marceca - Grumet & Company, LLC Stay denied. |
| Buckley, P.J., Nardelli, Tom, Mazzarelli, Gonzalez, JJ. M-5134 Reed v New York & Presbyterian Hospital Reargument or other relief denied. |
| Buckley, P.J., Saxe, Ellerin, Marlow, Gonzalez, JJ. M-5243 Proskauer Rose LLP v Koppel Appeals consolidated and time to perfect same enlarged to the March 2004 Term, as indicated. |
| Nardelli, J.P., Mazzarelli, Andrias, Williams, JJ. M-5257 In the Matter of C., Ali and D., Lakeisha - Harlem Dowling-Westside Center for Children and Family Services Appeal dismissed. |
| Nardelli, J.P., Mazzarelli, Rosenberger, Friedman, JJ. M-4971 Lopardo v International Cellulose Corp. (And other actions) Appeals dismissed unless perfected for the March 2004 Term, as indicated. |
| Nardelli, J.P., Tom, Mazzarelli, Marlow, JJ. M-4964 In the Matter of Rivera v Hernandez Enlargement of time to perfect proceeding denied; proceeding dismissed. |
| Nardelli, J.P., Mazzarelli, Rosenberger, Lerner, Friedman, JJ. M-4947 People v Rosario, 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, Rosenberger, Lerner, Friedman, JJ. M-5031 People v Leggette, Shamar Moving papers deemed a timely filed notice of appeal; leave to prosecute appeal as a poor person granted, as indicated. |
| Nardelli, J.P., Mazzarelli, Rosenberger, Lerner, Friedman, JJ. M-5033 People v Sosa, Jose Notice of appeal deemed timely filed; leave to prosecute appeal as a poor person granted, as indicated. |
| Nardelli, J.P., Mazzarelli, Rosenberger, Lerner, Friedman, JJ. M-5128 People v Cephas, Herbert Notice of appeal deemed timely filed; leave to prosecute appeal as a poor person granted, as indicated. |
| Nardelli, J.P., Mazzarelli, Rosenberger, Lerner, Friedman, JJ. M-5079 People v Anonymous Counsel substituted. |
| Nardelli, J.P., Tom, Ellerin, Lerner, Friedman, JJ. M-4767 People v Coriano, Isaac Counsel substituted. |
| Nardelli, J.P., Mazzarelli, Rosenberger, Lerner, Friedman, JJ. M-5191 People v Chandler, Sammy Time to perfect appeal enlarged to the March 2004 Term. |
| Nardelli, J.P., Mazzarelli, Rosenberger, Lerner, Friedman, JJ. M-5240 Pearce v FJC Security Services, Inc. (And a third-party action) Time to perfect appeal enlarged to the March 2004 Term. |
| Nardelli, J.P., Mazzarelli, Rosenberger, Lerner, Friedman, JJ. M-5073 Spider Financial Inc. v LTV Networks, Inc. Time to perfect appeal enlarged to the June 2004 Term, with leave to seek a further enlargement, if necessary. |
| Nardelli, J.P., Tom, Rosenberger, Williams, Marlow, JJ. M-4234 M-4235 M-4489 M-4885 M-5067 Stajano v United Technologies Corporation of New York City Consolidated appeals deemed perfected for March 2004 Term (M-4234 & M-4489), and notice of appeal dated May 5, 2003 deemed withdrawn (M-4235). Dismissal of consolidated appeals denied as indicated (M-4885); leave to supplement record on appeal (M-5067) granted only to the extent of deeming consolidated appeals perfected, as indicated, and otherwise denied. |
| Nardelli, J.P., Tom, Mazzarelli, Marlow, JJ. M-4732 People v Ocoro, Oscar Enlargement of time to file notice of appeal and other relief denied, as indicated. |
| Nardelli, J.P., Mazzarelli, Rosenberger, Lerner, Friedman, JJ. M-4901 People v Urena, Julio, also known as Urena, Julio Bladimir, also known as Valdimir, Julio Moving papers deemed a timely filed notice of appeal. |
| Nardelli, J.P., Tom, Ellerin, Lerner, Friedman, JJ. M-4754 People v Marte, Luis Leave to prosecute appeal as a poor person denied, with leave to renew, as indicated. |
| Nardelli, J.P., Mazzarelli, Ellerin, Gonzalez, JJ. M-4401 People v Paulino, Fernando 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, Ellerin, Lerner, Friedman, JJ. M-4931 The New York Times Newspaper Division of the New York Times Company v Lehrer McGovern Bovis, Inc. (And a third-party action) Counsel for third-party defendant-appellant-respondent relieved and directed to turn over all case files in connection therewith. Time to perfect appeal enlarged to the April 2004 Term. Stay granted by an order of this Court entered August 21, 2003 (M-3120) continued. |
| Nardelli, J.P., Andrias, Rosenberger, Friedman, JJ. M-4822 People v Neil, Vernon Leave to prosecute appeal as a poor person granted to the extent indicated. Time to perfect appeal enlarged to the April 2004 Term. The Clerk is directed to make available to defendant's counsel a copy of trial transcript as previously directed. (See order of this Court entered on June 23, 1998 [M-3312].) |
| Nardelli, J.P., Saxe, Friedman, Marlow, Gonzalez, JJ. M-5363 M-5465 Gershon v Gershon Appeal adjourned to the February 2004 Term; motion otherwise denied. Preference and stay denied. |
| Nardelli, J.P., Saxe, Friedman, Marlow, Gonzalez, JJ. M-5346 Castro v New York University Stay of all proceedings, including trial, granted. |
| Nardelli, J.P., Mazzarelli, Rosenberger, Lerner, Friedman, JJ. M-5255 In the Matter of S., Max and S., Fay - The Commissioner of the Administration for Children's Services of the City of New York CPLR 5704 relief denied. |
| Tom, J.P., Saxe, Rosenberger, Williams, Gonzalez, JJ. M-4739 In the Matter of M., Jason Adonise Jr. - Graham Windham Leave to prosecute appeal as a poor person granted to the extent indicated. |
| Tom, J.P., Mazzarelli, Andrias, Friedman, Marlow, JJ. M-5124 People v Parades, Guillermo, also known as Paredes, Guillermo Leave to prosecute appeal as a poor person granted, as indicated. |
| Tom, J.P., Saxe, Rosenberger, Williams, Gonzalez, JJ. M-4687 People v Cabrera, Jose Enlargement of time to file notice of appeal and other relief denied, as indicated. |
| Tom, J.P., Andrias, Saxe, Ellerin, JJ. M-4932 In the Matter of the Rehabilitation of Frontier Insurance Company - Callon Petroleum Co. Time to perfect appeal enlarged to the June 2004 Term, with leave to seek a further enlargement, if necessary. |
| Tom, J.P., Mazzarelli, Andrias, Saxe, JJ. M-4777 Mittl v New York State Division of Human Rights (And another action) Reargument or other relief denied. |
| Mazzarelli, J.P., Sullivan, Lerner, Marlow, Gonzalez, JJ. M-3710A In the Matter of P., Dominique Leonard and M., Desean Charles - St. Vincent's Services, Inc. Upon the Court's own motion, counsel assigned. (See this Court's order, entered on November 6, 2003 [M-3710], granting leave to prosecute appeal as a poor person.) |
| Mazzarelli, J.P., Sullivan, Lerner, Marlow, Gonzalez, JJ. M-4934 People v Brunson, Justice Leave to prosecute appeal as a poor person granted, as indicated. |
| Mazzarelli, J.P., Lerner, Marlow, Gonzalez, JJ. M-4407 People v Merkys, Paulino Leave to prosecute appeal as a poor person denied, with leave to renew, as indicated. |
| Mazzarelli, J.P., Sullivan, Ellerin, Lerner, Marlow, JJ. M-5068 The Board of Education of the City of New York v Hershkowitz Leave to appeal to the Court of Appeals denied. |
| Andrias, J.P., Sullivan, Ellerin, Williams, Lerner, JJ. M-4936 People v Ruiz, Michael Leave to prosecute appeal as a poor person granted, as indicated. |
| Andrias, J.P., Rosenberger, Williams, Lerner, JJ. M-5290 People v Collins, Arvin Leave to file pro se supplemental brief granted for the April 2004 Term, to which Term appeal adjourned. Motion otherwise denied. |
| Andrias, J.P., Rosenberger, Williams, Lerner, JJ. M-5387 Anderson v Hill Appeals consolidated. |
| Andrias, J.P., Rosenberger, Williams, Lerner, JJ. M-5435 In the Matter of D., Matthew - The Commissioner of the Administration for Children's Services of the City of New York Time to perfect respondent-appellant father's appeal enlarged to the March 2004 Term, to which Term respondent-appellant mother's perfected appeal adjourned. Clerk directed to calendar appeals for hearing together. |
| Saxe, J.P., Sullivan, Williams, Lerner, Friedman, JJ. M-3929A In the Matter of P., William - Commissioner of Social Services of the City of New York Upon the Court's own motion, counsel assigned. (See this Court's order, entered on November 20, 2003 [M-3929], granting leave to prosecute appeal as a poor person.) |
| Saxe, J.P., Rosenberger, Friedman, Marlow, JJ. M-4213 In the Matter of Deal v Nieves Leave to prosecute appeal as a poor person granted to the extent indicated. |
| Saxe, J.P., Sullivan, Rosenberger, Friedman, Gonzalez, JJ. M-4627 Metropolitan Transportation Authority v Bull and Bear Brewing Co., Inc. Appeal from order entered on or about July 9, 2002 dismissed. |
| Sullivan, J.P., Rosenberger, Lerner, Friedman, Marlow, JJ. M-4435 People v Johnson, Teddy, also known as Johnson, Ted, also known as Johnson, Rodney Moving papers deemed a timely filed pro se supplemental brief for the March 2004 Term, to which Term appeal adjourned. |
| Ellerin, J. M-5058 People v Johnson, Ted Leave to appeal to this Court denied. |
| Williams, J. M-4990 People v McKenzie, Henry Leave to appeal to this Court denied. |
| Lerner, J. M-5149 People v Ingram, Robert Leave to appeal to this Court denied. |
| Marlow, J. M-4206 People v Gatien, Peter Leave to appeal to this Court granted. |
| Nardelli, J.P., Mazzarelli, Saxe, Ellerin, Williams, JJ. In the Matter of Attorneys Who Are in Violation of Judiciary Law Section 468-a: M-5309David D. Irving, admitted on June 9, 1987, 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. |
| Mazzarelli, J.P., Andrias, Saxe, Sullivan, Rosenberger, JJ. M-1864In the Matter of John M. Power, M-2836an attorney and counselor-at-law: Respondent publicly censured. Opinion Per Curiam. All concur. |
| The following order was entered and filed on December 4, 2003. |
| Buckley, P.J., Andrias, Saxe, Williams, Gonzalez, JJ. M-5391 EBC I, Inc., formerly known as eToys, Inc. v Goldman, Sachs & Co. (And others) Consolidation of appeals and cross appeal denied, without prejudice to further proceedings in Supreme Court, as indicated. The parties are directed to perfect the appeal and cross appeal from the order entered on or about May 13, 2003 for the March 2004 Term, as indicated. |