| THE FOLLOWING MOTION ORDERS WERE ENTERED AND FILED ON JANUARY 27, 2005 |
| Buckley, P.J., Tom, Mazzarelli, Andrias, Saxe, JJ. M-210X Reznicki v Strathallan Hotel, Inc. M-212X Stahl v Mauray Realty Co. M-214X Davis v The Children's Aid Society M-215X Davidian v Moskowitz Appeals withdrawn. |
| Buckley, P.J., Tom, Mazzarelli, Andrias, Saxe, JJ. M-211X Thomas v 14 Rollins Street Realty Corp. Appeal and cross appeal withdrawn. |
| Buckley, P.J., Tom, Mazzarelli, Andrias, Saxe, JJ. M-213X Silver Cloud L.P. v Jomil Realty Co. Appeal and cross appeal withdrawn. |
| Buckley, P.J., Tom, Mazzarelli, Andrias, Saxe, JJ. M-65 Sheppard v Montefiore Medical Center Appeal, previously perfected for the January 2005 Term, withdrawn. |
| Buckley, P.J., Tom, Mazzarelli, Andrias, Saxe, JJ. M-218 Brown v D & L Ambulette, Inc. Appeal, previously perfected for the February 2005 Term, withdrawn. Buckley, P.J., Tom, Mazzarelli, Andrias, Saxe, JJ, M-219 Maler v Ukranian Evangelical Assemblies of God, Church, Inc. (and a third-party action) Appeal and cross appeal, previously perfected for the February 2005 Term, withdrawn. |
| Buckley, P.J., Tom, Mazzarelli, Andrias, Saxe, JJ. M-169 Green v Spencer Appeal and cross appeal, previously perfected for the February 2005 Term, withdrawn. |
| Buckley, P.J., Tom, Mazzarelli, Andrias, Saxe, JJ. M-5856 People v Ballenilla, Emilio M-5857 Breaux, Tyrone M-5858 Brown, James, also known as Hull, Edward M-5859 Davis, Anthony M-5861 Johnson, Kirkville Leave to prosecute appeals as poor persons granted, as indicated. |
| Buckley, P.J., Tom, Mazzarelli, Andrias, Saxe, JJ. M-5862 People v Marchan, Marcel M-5863 Robles, Luis M-5864 Seijo, Ramon M-5865 Washington, Johnnie Leave to prosecute appeals as poor persons granted, as indicated. |
| Buckley, P.J., Tom, Mazzarelli, Andrias, Saxe, JJ. M-5860 People v Hensen, Roy Leave to respond to appeal as a poor person granted, as indicated; appeal adjourned to the June 2005 Term. |
| Buckley, P.J., Tom, Mazzarelli, Andrias, Saxe, JJ. M-66 People v Gomez, George, also known as Perez, George Counsel substituted. |
| Buckley, P.J., Sullivan, Nardelli, Williams, Sweeny, JJ. M-5291 People v Rauf, Abdul Leave to prosecute appeal as a poor person denied, with leave to renew, as indicated. |
| Buckley, P.J., Tom, Andrias, Ellerin, Marlow, JJ. M-5456 In the Matter of Administration for Children's Services v M., Leroy P. Leave to prosecute appeal as a poor person granted, as indicated. (See M-5456A, decided simultaneously herewith). |
| Marlow, J. M-5456A In the Matter of Administration for Children's Services v M., Leroy P. Stay denied. (See M-5456, decided simultaneously herewith). |
| Buckley, P.J., Andrias, Nardelli, Gonzalez, Sweeny, JJ. M-5793 Luna v The Port Authority of New York and New Jersey Time to perfect appeal enlarged to the May 2005 Term; enlargement of record on appeal denied; plaintiff directed to attach Exhibit B to the moving papers as an addendum to its brief. |
| Buckley, P.J., Mazzarelli, Sullivan, Williams, Gonzalez, JJ. M-5837 Chitayat v Madison Medical - The Private Practice Group of New York, LLP Time to perfect appeal enlarged to the May 2005 Term, as indicated. |
| Buckley, P.J., Mazzarelli, Sullivan, Williams, Gonzalez, JJ. M-5651 M-5779 Lai v Gartlan Time to perfect appeal and cross appeal enlarged to the September 2005 Term. |
| Buckley, P.J., Mazzarelli, Saxe, Friedman, Gonzalez, JJ. M-5504 M-5591 Galvano v Galvano Stay of trial denied; sanctions denied. |
| Buckley, P.J., Mazzarelli, Sullivan, Williams, Gonzalez, JJ. M-5803 Wollman Rink Operations, LLV v Thor Exercise Tools, Inc. (And third-party actions) Stay granted on condition appeal perfected for the May 2005 Term, as indicated. |
| Tom, J.P., Andrias, Friedman, Sullivan, Nardelli, JJ. M-53 Milbank, Tweed, Hadley & McCoy v Aaron Counsel relieved as indicated; appeal adjourned to the June 2005 Term. |
| Tom, J.P., Mazzarelli, Saxe, Sullivan, Friedman, JJ. M-4969A In the Matter of T., Kelvin R. v F., Tonya C. Counsel substituted. (The order of this Court entered on January 4, 2005 [M-4969] recalled and vacated.) |
| Tom, J.P., Andrias, Saxe, Friedman, Gonzalez, JJ. M-5096 Kuttemperoor v Faroqui Enlargement of time to perfect appeal denied; appeal dismissed. (See M-5097, decided simultaneously herewith.) |
| Tom, J.P., Andrias, Saxe, Friedman, Gonzalez, JJ. M-5097 Kuttemperoor v Columbia Dermatology Associates Enlargement of time to perfect appeal denied; appeal dismissed. (See M-5096, decided simultaneously herewith.) |
| Tom, J.P., Andrias, Friedman, Sullivan, Nardelli, JJ. M-60 Colon v Kempner Time to perfect appeal enlarged to the May 2005 Term. |
| Tom, J.P., Friedman, Ellerin, Sweeny, Catterson, JJ. M-5623 M-5762 Weissbrod (Gurvey) v Lynch CPLR 5704 relief denied; plaintiff prohibited from any further filings without prior leave of this Court, as indicated. |
| Mazzarelli, J.P., Andrias, Saxe, Marlow, Gonzalez, JJ. M-5530 Rappy v Whittingham Appeal dismissed. |
| Mazzarelli, J.P., Saxe, Friedman, Sullivan, Williams, JJ. M-5829 Crane v 92nd Street Property Associates Time to perfect appeal enlarged to on or before March 21, 2005 for the June 2005 Term. |
| Mazzarelli, J.P., Saxe, Friedman, Sullivan, Williams, JJ. M-5747 Allstate Insurance Company v Burger King Corp. Time to perfect appeal enlarged to the June 2005 Term. |
| Mazzarelli, J.P., Saxe, Friedman, Sullivan, Williams, JJ. M-5809 In the Matter of D., Dyandria -Administration for Children's Services Leave to file pro se supplemental brief granted to the extent indicated; appeal adjourned to the June 2005 Term. |
| Mazzarelli, J.P., Friedman, Ellerin, Sweeny, JJ. M-4631 In the Matter of J., Willard IV and J., Willicia, also known as J., Willicia Angelica, also known as J., Willicia Angelic - Angel Guardian - St. Mary's Children and Family Services Dismissal of appeal denied, with leave to renew, as indicated. |
| Mazzarelli, J.P., Saxe, Friedman, Sullivan, Williams, JJ. M-5853 People v Morusma, Jean Time to perfect appeal enlarged to the May 2005 Term. |
| Mazzarelli, J.P., Andrias, Saxe, Marlow, Gonzalez, JJ. M-5615 People v Vladimir, Julio, also known as Urena, Julio Appeals deemed withdrawn. |
| Mazzarelli, J.P., Friedman, Marlow, Nardelli, JJ. M-5752 In re McGann v Barrett Leave to appeal to the Court of Appeals and other relief denied. |
| Andrias, J.P., Saxe, Ellerin, Sweeny, Catterson, JJ. M-5786 People v Beazer, Lamont Time to perfect appeal enlarged to the May 2005 Term. |
| Andrias, J.P., Saxe, Ellerin, Sweeny, Catterson, JJ. M-5777 Skyview Owners Corp. v Rexhepi Time to perfect appeal enlarged to the June 2005 Term. |
| Andrias, J.P., Saxe, Ellerin, Sweeny, Catterson, JJ. M-5838 Kowalchuk v Economy Elevator of New York, Inc. Time to perfect appeal enlarged to the September 2005 Term. |
| Andrias, J.P., Saxe, Ellerin, Sweeny, Catterson, JJ. M-5653 17 East 96th Owners Corp. v Madison 96th Associates, LLC Preliminary appellate injunction and related relief denied. |
| Friedman, J.P., Marlow, Nardelli, Sweeny, Catterson, JJ. M-5509 In the Matter of M., Nina Sadie, also known as M., Nina; P., Margaret Jeanette; P., Alexander Joseph; and V., Jonathan - The New York Foundling Hospital Appeal dismissed. |
| Friedman, J.P., Marlow, Nardelli, Sweeny, Catterson, JJ. M-5620 In the Matter of T., Raymond Edward, Jr., G., Jaysah Lee Catherine; G., Joseph Antonio -St. Christopher's Inc. Appeal dismissed. |
| Friedman, J.P., Marlow, Nardelli, Sweeny, Catterson, JJ. M-5619 Schwartz v The Halstead Property Company Leave to appeal from the Appellate Term denied. |
| Ellerin, J.P., Nardelli, Williams, Catterson, JJ. M-5540 Gotay v Breitbart Clarification granted to the extent of deeming motion as one for reargument, and upon reargument the decision and order of this Court entered on October 12, 2004 (Appeal No. 4003) recalled and vacated and a new decision and order substituted therefor. (See Appeal No. 4003, decided simultaneously herewith.) |
| Marlow, J. M-3178 People v Spaulding, Leighton Leave to appeal to this Court denied. |
| The following order was entered and filed on January 25, 2005: |
| Mazzarelli, J,P.. Saxe, Friedman, Sullivan, Williams, JJ. M-5794 In the Matter of The Coalition Against Lincoln West, Inc. v Weinshall Amicus brief deemed filed, as indicated. |
| The following order was entered and filed on January 26, 2005: |
| Tom, J.P., Andrias, Friedman, Sullivan, Nardelli, JJ. M-5824 Merchants T & F, Inc. v Kase & Druker, Esqs. Appeal from order entered on or about July 9, 2004 adjourned to the June 2005 Term, for which Term plaintiff directed to perfect its appeal from the order of said Court entered on or about December 14, 2004. Clerk directed to calendar appeals for hearing together. |