| The following orders were entered and filed on February 3, 2005: |
| Buckley, P.J., Mazzarelli, Saxe, Ellerin, Gonzalez, JJ. M-3912A In the Matter of V., Luz Maria - The Administration for Children's Services Leave to respond to appeal as a poor person granted, as indicated; appeal adjourned to the April 2005 Term. The order of this Court entered on October 7, 2004 (M-3912) recalled and vacated. |
| Ellerin, J.P., Nardelli, Gonzalez, Catterson, JJ. M-5816 People ex rel. Lee, Thomas J. v Warden Writ of habeas corpus issued and matter transferred to and be heard on Thursday, February 10, 2005 at 9:00 a.m. before a Justice of the Supreme Court, Bronx County, at which time interim bail granted by order of a Justice of this Court, dated December 27, 2004, shall terminate, all as indicated; motion otherwise denied. |
| The following orders were entered and filed on February 4, 2005: |
| Mazzarelli, J.P., Saxe, Friedman, Sullivan, Williams, JJ. M-462 In the Matter of M., Dyandria - - Warden Writ of habeas corpus issued and matter transferred to and be heard on February 8, 2005 at 9:00 a.m. before a Justice of the Supreme Court, Bronx County, as indicated. The motion is otherwise denied. |
| THE FOLLOWING MOTION ORDERS WERE ENTERED AND FILED ON FEBRUARY 8, 2005 |
| Buckley, P.J., Tom, Mazzarelli, Andrias, Saxe, JJ. M-398X Donohue v D.G. Hart Associates, Inc. M-399X Baba v HSBC Bank USA M-400X Holmes v New York City Housing Authority M-401X Structure-Tone, Inc. v Sherland & Farrington, Inc. M-402X Indian Chefs, Inc. v YSGF Realty Inc., doing business as YSGF Real Estate Developers M-407X Marjam Supply Co., Inc. v Shalimar Construction Corp. M-409X Traina v NTX Interiors, Inc. M-440 People v Foster, Calvin Appeals withdrawn. |
| Buckley, P.J., Tom, Marlow, Gonzalez, Catterson, JJ. M-87 People v Rodriguez, Randy Time to perfect appeal enlarged to the June 2005 Term. |
| Buckley, P.J., Tom, Marlow, Gonzalez, Catterson, JJ. M-95 People v Saxon, Kevin Leave to seal record on appeal denied. |
| Buckley, P.J., Tom, Marlow, Gonzalez, Catterson, JJ. M-125 People v Moore, Deszon Moving papers deemed a timely filed notice of appeal; leave to prosecute appeal as a poor person granted, as indicated. |
| Buckley, P.J., Tom, Marlow, Gonzalez, Catterson, JJ. M-129 People v Stallings, Anthony Enlargement of time to file notice of appeal and other relief denied. |
| Buckley, P.J., Tom, Marlow, Gonzalez, Catterson, JJ. M-253 Dinner Club Corp., doing business as Areca v Hamlet on Olde Oyster Bay Home Owners Association, Inc. Stay denied; interim relief granted by order of a Justice of the Supreme Court, Appellate Division, Second Department, dated December 28, 2004, vacated. |
| Buckley, P.J., Mazzarelli, Marlow, Williams, JJ. M-124 People v Wilder, Alfred Leave to prosecute appeal as a poor person granted, as indicated. |
| Buckley, P.J., Mazzarelli, Marlow, Ellerin, Williams, JJ. M-5879 People v Davis, Raul Leave to prosecute appeal as a poor person granted, as indicated. |
| Buckley, P.J., Andrias, Sullivan, Ellerin, Williams, JJ. M-5129 In the Matter of S., Emannie Yvette, also known as S., Emani; S., Dewante Kamaray, also known as S., Dewan'te Kamaray; S., Dominique Justina - - Leak and Watts Services, Inc. Leave to prosecute appeal as a poor person denied, with leave to renew, as indicated. |
| Buckley, P.J., Saxe, Friedman, Williams, Sweeny, JJ. M-245 James v Loran Realty I to IV Corp. Stay denied. |
| Tom, J.P., Andrias, Friedman, Sullivan, Nardelli, JJ. M-10 People v Reid, Cedric Time to perfect consolidated appeals enlarged to the June 2005 Term. |
| Tom, J.P., Andrias, Friedman, Sullivan, Nardelli, JJ. M-50 McClier Corporation v Ruttura & Sons, Inc. Defendant Westport Insurance Company's appeal deemed withdrawn; Defendant Ruttura & Sons, Inc. directed to perfect their cross appeal as a direct appellant for next available Term of Court. |
| Tom, J.P., Andrias, Friedman, Sullivan, Nardelli, JJ. M-52 People ex rel. Pena, Joaquin, Jr. v Warden Writ of habeas corpus issued and matter transferred to Supreme Court, Bronx County, as indicated. |
| Tom, J.P., Andrias, Friedman, Sullivan, Nardelli, JJ. M-58 People v Divine, Unique Appeal adjourned to the June 2005 Term; motion otherwise denied. |
| Tom, J.P., Andrias, Friedman, Sullivan, Nardelli, JJ. M-97 330 Acquisition Co., LLC v Regency Savings Bank, F.S.B. Appeal dismissed unless perfected for the September 2005 Term, as indicated. |
| Tom, J.P., Marlow, Ellerin, Catterson, JJ. M-62 Great Canal Realty Corp. v Seneca Insurance Company, Inc. Leave to appeal to the Court of Appeals granted, as indicated. |
| Tom, J.P., Friedman, Ellerin, Sweeny, Catterson, JJ. M-5707 People v Soler, Cesar 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., Friedman, Ellerin, Sweeny, Catterson, JJ. M-5731 Empire Blue Cross and Blue Shield v Various Underwriters at Lloyd's, London, England Plaintiff directed to perfect its appeal for the June 2005 Term, to which Term defendant's perfected appeals adjourned, as indicated. Clerk directed to calendar all appeals for hearing together during said June 2005 Term. |
| Tom, J.P., Andrias, Ellerin, Gonzalez, Catterson, JJ. M-326 Singer v Seward Park Housing Corporation Stay denied; interim relief granted by order of a Justice of this Court, dated January 21, 2005, vacated; appeal dismissed, as indicated. |
| Mazzarelli, J.P., Andrias, Saxe, Marlow, Gonzalez, JJ. M-5597 People v Santer, Frantz Leave to prosecute appeal as a poor person granted, as indicated. |
| Mazzarelli, J.P., Andrias, Saxe, Friedman, Catterson, JJ. M-5873 People v Castillo, Gerson Appeals consolidated; leave to prosecute consolidated appeals as a poor person granted, as indicated. |
| Mazzarelli, J.P., Saxe, Friedman, Sullivan, Williams, JJ. M-5661 People v Capellan, Yohady Enlargement of record on appeal granted; transcription of minutes directed; time to perfect appeal enlarged to the September 2005 Term. |
| Mazzarelli, J.P., Saxe, Friedman, Sullivan, Williams, JJ. M-5876 People v Rivera, Jose Notice of appeal deemed timely filed; leave to prosecute appeal as a poor person granted, as indicated. |
| Mazzarelli, J.P., Saxe, Friedman, Sullivan, Williams, JJ. M-5867 In the Matter of G., Darrien Ellijah, also known as M-5868 G., Gabriel; S., Daniellela Janice; G., Darius Xavier; M-5869 G., Joshua Alexander; G., Gabrielle Deborah, also known M-5870 as G., Gabriel - - Harlem Dowling-Westside Center for M-5871 Children and Family Services Leave to prosecute appeals as a poor person denied; appeals dismissed. |
| Mazzarelli, J.P., Saxe, Marlow, Williams, JJ. M-5872 People v Arroyo, David Leave to prosecute appeal as a poor person granted, as indicated. |
| Mazzarelli, J.P., Saxe, Ellerin, Williams, Sweeny, JJ. M-11 People v Polanco, Pablo Appeal deemed withdrawn. |
| Mazzarelli, J.P., Ellerin, Nardelli, Gonzalez, Catterson, JJ. M-3 Westergaard v Westergaard Appeals consolidated for the June 2005 Term, for which Term appellant directed to perfect; stay of the order of the Supreme Court, entered on or about November 15, 2004, granted to the extent indicated, and motion otherwise denied; interim relief granted by order of a Justice of this Court, dated January 3, 2005, vacated. |
| Mazzarelli, J.P., Ellerin, Nardelli, Gonzalez, Catterson, JJ. M-5588 People v Ortiz, Miguel Leave to seal record on appeal denied. |
| Mazzarelli, J.P., Ellerin, Nardelli, Gonzalez, Catterson, JJ. M-5579 Gonzalez v Ellenberg Stay of trial denied. |
| Andrias, J.P., Saxe, Sullivan, Ellerin, Sweeny, JJ. M-80 Phoenix Sound, Inc., doing business as Soundfactory v The City of New York Time to perfect appeal enlarged to the June 2005 Term. |
| Andrias, J.P., Saxe, Sullivan, Ellerin, Sweeny, JJ. M-137 O'Brien v Triborough Bridge and Tunnel Authority Stay of trial granted. |
| Andrias, J.P., Saxe, Sullivan, Ellerin, Sweeny, JJ. M-238 Merrill Lynch, Pierce, Fenner & Smith, Incorporated v Wise Metals Group, LLC Stay denied. |
| Andrias, J.P., Saxe, Ellerin, Sweeny, Catterson, JJ. M-4737 Yako v Tornambe Appeal dismissed. |
| Andrias, J.P., Saxe, Ellerin, Sweeny, Catterson, JJ. M-5742 Fusha Japanese Restaurant, Inc. v Fusha, also known as Fusha Japanese Cuisine Dismissal of appeal denied; appeal adjourned to the April 2005 Term. |
| Andrias, J.P., Friedman, Sullivan, Nardelli, Williams, JJ. M-4323 People ex rel. Allah, Jisun v Warden Leave to prosecute appeal as a poor person granted, as indicated. |
| Friedman, J.P., Marlow, Nardelli, Sweeny, Catterson, JJ. M-5799 Yuster v Manning McCormick York, Inc. Enlargement of time to perfect appeal denied; appeal dismissed. |
| Marlow, J.P., Gonzalez, Sweeny, Catterson, JJ. M-127 People v Soto, Randy Leave to prosecute appeal as a poor person granted, as indicated. |
| Marlow, J. M-103 People v Williams, Matthew Stay and other relief denied. |
| Sullivan, J. M-3812 People v Kimble, Ricardo Leave to appeal to this Court denied. |
| Sullivan, J. M-5694 People v Kuletsky, Fred Leave to appeal to this Court denied. |