| THE FOLLOWING MOTION ORDERS WERE ENTERED AND FILED ON JANUARY 11, 2005 |
| Buckley, P.J., Tom, Mazzarelli, Andrias, Saxe, JJ. M-5660 People v Rhames, Leevon, also known as Rhames, LeeVone M-5663X Difiore v Pathmark Stores, Inc. - O'Farrill M-5664X Fine v 2 Tudor City Tenants Corp. M-5665X Irizarri v Bay Crane Service of Long Island, Inc. M-5724 People v Collier, Gillyard Appeals withdrawn. |
| Buckley, P.J., Tom, Mazzarelli, Andrias, Saxe, JJ. M-5667 Wilson v The Riverside Church in the City of New York Appeal and cross appeal, previously perfected for the February 2005 Term, withdrawn. |
| Buckley, P.J., Tom, Mazzarelli, Andrias, Saxe, JJ. M-5658 Meija-Leon v Zapco 1500 Investment L.P. - Meija Appeal, previously perfected for the January 2005 Term, withdrawn. |
| Buckley, P.J., Tom, Mazzarelli, Andrias, Saxe, JJ. M-5657 Southern Industries of Clover, Ltd. v Pnini Appeal, previously perfected for the February 2005 Term, withdrawn. |
| Buckley, P.J., Saxe, Sullivan, Nardelli, Gonzalez, JJ. M-4633 Soto v Ziess Dismissal of appeal denied, as indicated. (See M-4494X, decided October 26, 2004) |
| Buckley, P.J., Tom, Andrias, Marlow, Ellerin, JJ. M-5539 Country-Wide Insurance Company v Atlas Park, LLC. Appeal dismissed unless perfected for the June 2005 Term, as indicated. |
| Buckley, P.J., Mazzarelli, Saxe, Friedman, Catterson, JJ. M-5269 People v Canto, Jeyleen, also known as Canto, Jayleen R. Leave to prosecute appeal as a poor person granted, as indicated. |
| Buckley, P.J., Sullivan, Nardelli, Williams, Sweeny, JJ. M-5380 People v McCoy, Christopher Leave to prosecute appeal as a poor person granted, as indicated. |
| Buckley, P.J., Tom, Mazzarelli, Andrias, Saxe, JJ. M-5729 People v McCoy, Kemp M-5733 Rampersad, Renrick M-5730 Valles, Gabriel M-5732 Whitfield, Eric Counsel substituted. |
| Buckley, P.J., Sullivan, Nardelli, Williams, Sweeny, JJ. M-5410 Wollman Rink Operations, LLC v Thor Exercise Tools, Inc. (and third-party actions) Stay denied. |
| Buckley, P.J., Andrias, Sullivan, Ellerin, Williams, JJ. M-5252 Maldonado v Kamm (and another action) Leave to prosecute appeal as a poor person and other relief denied. (See M-5384, decided simultaneously herewith.) |
| Buckley, P.J., Andrias, Sullivan, Ellerin, Williams, JJ. M-5384 Intertrade Internationale, Ltd. v El Camino Outreach Center Leave to prosecute appeal as a poor person and other relief denied. (See M-5252, decided simultaneously herewith.) |
| Buckley, P.J., Andrias, Sullivan, Ellerin, Williams, JJ. M-5074 M-5337 Green v The New York City Department of Education Enlargement of record on appeal denied; time to perfect appeal enlarged to the April 2005 Term. |
| Buckley, P.J., Andrias, Sullivan, Ellerin, Williams, JJ. M-5093 People ex rel. Valentine, Pierre v District Attorney, New York County Writ of habeas corpus granted; matter transferred to Supreme Court, New York County, as indicated; motion otherwise denied. |
| Tom, J.P., Mazzarelli, Friedman, Gonzalez, Sweeny, JJ. M-5145 People v Sepulveda, Robert Appeal deemed withdrawn. |
| Tom, J.P., Friedman, Ellerin, Sweeny, Catterson, JJ. M-5640 People v Williams, Timothy Pro se supplemental brief submitted with moving papers deemed timely filed, as indicated; appeal adjourned to the April 2005 Term. |
| Tom, J.P., Friedman, Ellerin, Sweeny, Catterson, JJ. M-5537 In the Matter of W., Christine Sarah, also known as W., Christine; and W., Samuel Joseph, also known as W., Samuel - Lutheran Social Services Dismissal of appeal denied, with leave to renew, as indicated. |
| Tom, J.P., Friedman, Ellerin, Sweeny, Catterson, JJ. M-5721 In the Matter of L., "Female", also known as L., Emma; and C.L., Chante Channa - Family Support Systems Unlimited, Inc. Leave to prosecute appeal as a poor person denied, with leave to renew, as indicated. |
| Tom, J.P., Andrias, Saxe, Friedman, Gonzalez, JJ. M-5321 In the Matter of G., Dayquon; G., Destiny; P., Dajia; and P., Dashawn - Administration for Children's Services Time to perfect appeal enlarged to the June 2005 Term. |
| Tom, J.P., Saxe, Williams, Sweeny, Catterson, JJ. M-4866 People v Martinez, Carlos Notice of appeal deemed timely filed; leave to prosecute appeal as a poor person denied, with leave to renew, as indicated. |
| Tom, J.P., Friedman, Ellerin, Sweeny, Catterson, JJ. M-5642 People v Sowells, Juntai Leave to file pro se supplemental brief granted for the May 2005 Term, to which Term appeal adjourned. |
| Tom, J.P., Andrias, Saxe, Marlow, Nardelli, JJ. M-5493 Wong v Kim - Lo Dismissal of appeal denied, without prejudice to respondent addressing the issue in the brief. |
| Mazzarelli, J.P., Marlow, Ellerin, Nardelli, Catterson, JJ. M-5329 People v Rivera, Luis Moving papers deemed a timely filed notice of appeal; leave to prosecute appeal as a poor person granted, as indicated. |
| Mazzarelli, J.P., Marlow, Ellerin, Nardelli, Catterson, JJ. M-5327 People v Pasley, Alexander Moving papers deemed a timely filed notice of appeal; leave to prosecute appeal as a poor person granted, as indicated. |
| Mazzarelli, J.P., Andrias, Saxe, Marlow, Gonzalez, JJ. M-5393 People v Dorsey, William Notice of appeal deemed timely filed; leave to prosecute appeal as a poor person granted, as indicated. |
| Mazzarelli, J.P., Marlow, Ellerin, Nardelli, Catterson, JJ. M-5382 People v Ruiz, Isidore Leave to prosecute appeal as a poor person granted, as indicated. (The orders of this Court entered on June 17, 2004 [M-2019] and October 28, 2004 [M-4153] are recalled and vacated.) |
| Mazzarelli, J.P., Andrias, Saxe, Friedman, Catterson, JJ. M-5394 People v Pena, Esteban Leave to prosecute appeal as a poor person granted, as indicated. |
| Mazzarelli, J.P., Andrias, Saxe, Friedman, Catterson, JJ. M-5412 People v Vaughn, Lendell Leave to prosecute appeal as a poor person granted, as indicated. |
| Mazzarelli, J.P., Marlow, Ellerin, Nardelli, Catterson, JJ. M-5326 People v Tejada, Angelo 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, Saxe, Marlow, Gonzalez, JJ. M-5520 In the Matter of I., Shady Gandhi Shameseldin - The Catholic Home Bureau for Dependent Children Leave to prosecute appeal as a poor person granted, as indicated. |
| Mazzarelli, J.P., Andrias, Saxe, Marlow, Gonzalez, JJ. M-5703 DeAllfordii v Cherry Leave to prosecute appeal as a poor person denied, with leave to renew, as indicated. |
| Mazzarelli, J.P., Andrias, Saxe, Marlow, Gonzalez, JJ. M-5459 People v Melendez, Batzayda Time to perfect appeal enlarged to the June 2005 Term. |
| Mazzarelli, J.P., Marlow, Ellerin, Nardelli, Catterson, JJ. M-5387 Sterling Fifth Associates v Carpentille Corporation, Inc. (and a third-party action) Time to perfect appeal enlarged to the June 2005 Term. |
| Mazzarelli, J.P., Marlow, Ellerin, Nardelli, Catterson, JJ. M-5368 People v Jackson, Billroy Time to perfect appeal enlarged to the May 2005 Term. |
| Mazzarelli, J.P., Andrias, Saxe, Marlow, Gonzalez, JJ. M-5508 People v Assadourian, Joseph, also known as Assadovin, Jose Leave to file pro se supplemental brief granted for the May 2005 Term, to which Term appeal adjourned; motion otherwise denied. |
| Mazzarelli, J.P., Marlow, Ellerin, Nardelli, Catterson, JJ. M-5342 In the Matter of L., Jermal Transcription of minutes directed, as indicated; time to perfect appeal enlarged to the June 2005 Term. |
| Mazzarelli, J.P., Marlow, Ellerin, Gonzalez, Catterson, JJ. M-5440 People v McRae, James Leave to prosecute appeal as a poor person denied, as academic, an order of this Court having been entered December 7, 2004 (M-4873) granting said relief. |
| Mazzarelli, J.P., Andrias, Saxe, Marlow, Gonzalez, JJ. M-5627 American Re-Insurance Company v United States Fidelity & Guaranty Company (and another action) Stay granted on condition appeal perfected for the May 2005 Term, as indicated. |
| Saxe, J.P., Friedman, Sullivan, Nardelli, Williams, JJ. M-5411 People v Burgos, Misael Moving papers deemed a timely filed notice of appeal; leave to prosecute appeal as a poor person granted, as indicated. |
| Saxe, J.P., Friedman, Sullivan, Nardelli, Williams, JJ. M-5416 People v Perez, Angel Moving papers deemed a timely filed notice of appeal; leave to prosecute appeal as a poor person granted, as indicated. |
| Saxe, J.P., Friedman, Ellerin, Nardelli, JJ. M-5389 People v Casado, Dioris Leave to prosecute appeal as a poor person granted, as indicated. |
| Saxe, J.P., Friedman, Sullivan, Nardelli, Williams, JJ. M-5587 Duane Reade v SL Green Operating Partnership, LP Time to perfect appeal enlarged to the May 2005 Term. |
| Saxe, J.P., Friedman, Sullivan, Nardelli, Williams, JJ. M-5191 In the Matter of Munford v Scherer Writ of habeas corpus/mandamus with respect to setting of bail denied, without prejudice to renewal, as indicated. |
| Saxe, J.P., Friedman, Sullivan, Nardelli, Williams, JJ. M-5290 People v Santana, Hector Time to perfect appeal enlarged to the May 2005 Term. |
| Saxe, J.P., Friedman, Sullivan, Nardelli, Williams, JJ. M-5150 Demeri v Demeri Appeals consolidated and time to perfect same enlarged to the May 2005 Term, as indicated; motion otherwise denied. |
| Friedman, J.P., Sullivan, Nardelli, Williams, JJ. M-5303 Kohl v Kohl Stay denied. |
| Marlow, J.P., Sullivan, Ellerin, Catterson, JJ. M-4627 Lawson v Howard Systems International Leave to prosecute appeal as a poor person denied. |
| Marlow, J.P., Sullivan, Ellerin, Catterson, JJ. M-4790 People v Loman, Vincent Counsel substituted. |
| Marlow, J.P., Williams, Gonzalez, Sweeny, Catterson, JJ. M-5175 People v Hilton, Robert Counsel substituted; appellant brief deemed withdrawn; time to prefect appeal enlarged to the May 2005 Term. Gonzalez, J. M-3895 People v Rodriguez, Larry 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-5295Michael Lane Lesher, admitted on 3-27-89, 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. |
| The following orders were entered and filed on January 6, 2005: |
| Tom, J.P., Friedman, Ellerin, Sweeny, Catterson, JJ. M-5656 In the Matter of M., James v U., Melanie Leave to appeal to this Court granted. (See M-5656A, decided simultaneously herewith.) |
| Sweeny, J. M-5656A In the Matter of M., James v U., Melanie Stay granted, as indicated. (See M-5656, decided simultaneously herewith.) |
| Mazzarelli, J.P., Andrias, Saxe, Marlow, Gonzalez, JJ. M-5628 RHM Estates v Hampshire Leave to appeal from the Appellate Term and other relief granted; appellant directed to perfect appeal for the May 2005 Term, as indicated. |
| Saxe, J.P., Friedman, Sullivan, Nardelli, Williams, JJ. M-5408 Millan v City of New York Dismissal of appeal denied, without prejudice to respondent immediately filing an appendix. |