| THE FOLLOWING MOTION ORDERS WERE ENTERED AND FILED ON JANUARY 4, 2005 |
| Buckley, P.J., Tom, Mazzarelli, Andrias, Saxe, JJ. M-5375 People v Brown, Gary Leave to prosecute appeal as a poor person granted, as indicated. |
| Buckley, P.J., Tom, Mazzarelli, Andrias, Saxe, JJ. M-5377 People v Custance, Timothy, also known as Forbes, Keith Leave to prosecute appeal as a poor person granted, as indicated. |
| Buckley, P.J., Tom, Mazzarelli, Andrias, Saxe, JJ. M-5379 People v Marchetti, Elaine Leave to prosecute appeal as a poor person granted, as indicated. |
| Buckley, P.J., Andrias, Sullivan, Ellerin, Williams, JJ. M-5099 In the Matter of G., Tawan K.; G., Kamisha Monica; R., Baby Boy, also known as G., Timeron K. St. Vincent's Services, Inc. Leave to prosecute appeal as a poor person granted, as indicated. |
| Buckley, P.J., Andrias, Sullivan, Ellerin, Williams, JJ. M-4979 People v Minucci, Philip Moving papers deemed a timely filed notice of appeal. |
| Buckley, P.J., Andrias, Sullivan, Ellerin, Williams, JJ. M-4980 People v McClarin, James Moving papers deemed a timely filed notice of appeal. |
| Buckley, P.J., Andrias, Sullivan, Ellerin, Williams, JJ. M-4981 People v Lizardi, Benjamin Moving papers deemed a timely filed notice of appeal. |
| Buckley, P.J., Andrias, Sullivan, Ellerin, Williams, JJ. M-5107 People v Stevens, Phillip Enlargement of time to file notice of appeal and other relief denied. |
| Buckley, P.J., Andrias, Sullivan, Ellerin, Williams, JJ. M-5086 People v Thomas, Yvonne Time to perfect appeal enlarged to the April 2005 Term. |
| Buckley, P.J., Mazzarelli, Saxe, Friedman, Catterson, JJ. M-5196 Williams v Rosario Time to perfect appeal enlarged to the April 2005 Term. |
| Buckley, P.J., Andrias, Sullivan, Ellerin, Williams, JJ. M-5199 People v Parks, Corey Time to perfect appeal enlarged to the April 2005 Term. |
| Buckley, P.J., Andrias, Sullivan, Ellerin, Williams, JJ. M-5103 Maldonado v New York City Department of Buildings Stay and other relief denied. |
| Buckley, P.J., Andrias, Sullivan, Ellerin, Williams, JJ. M-5088 342 West 30th Street Corp. v Vaswani Leave to appeal from the Appellate Term and related relief denied. |
| Buckley, P.J., Saxe, Nardelli, Marlow, JJ. M-2036 Lam v Cheng Reargument or other relief denied. |
| Buckley, P.J., Andrias, Sullivan, Ellerin, Williams, JJ. M-5118 Wylan v Pandozy, also known as Martini Stay and related relief denied. |
| Buckley, P.J., Andrias, Sullivan, Ellerin, Williams, JJ. M-5085 McKnight v McKnight Perfected appeal adjourned to the April 2005 Term; leave to respond to appeal as a poor person denied. |
| Buckley, P.J., Tom, Andrias, Ellerin, Marlow, JJ. M-5249 In the Matter of Eramo v New York City M-5350Human Resources Administration Leave to prosecute appeal as a poor person and related relief denied; preliminary appellate injunction and related relief denied. |
| Buckley, P.J., Andrias, Sullivan, Ellerin, Williams, JJ. M-5025 Sellitto v New York City Industrial Development Agency (And other actions) Time in which to perfect appeal and cross appeal enlarged to the June 2005 Term. |
| Tom, J.P., Saxe, Williams, Sweeny, Catterson, JJ. M-5017 People v Al Faqih, Mohammed Appeal dismissed. |
| Tom, J.P., Andrias, Saxe, Williams, Sweeny, JJ. M-4660 Gumbs v United Parcel Services Appeal dismissed. |
| Tom, J.P., Mazzarelli, Saxe, Sullivan, Friedman, JJ. M-5146 People v Izquierdo, Juan Appeal deemed withdrawn. |
| Tom, J.P., Mazzarelli, Saxe, Sullivan, Friedman, JJ. M-5167 In the Matter of Azumendi Rosenkranz v Azumendi Appeal dismissed unless perfected for the June 2005 Term, as indicated. |
| Tom, J.P., Mazzarelli, Saxe, Sullivan, Friedman, JJ. M-4984 In the Matter of B., Vanessa Abbott House Leave to prosecute appeal as a poor person granted, as indicated. |
| Tom, J.P., Mazzarelli, Saxe, Sullivan, Friedman, JJ. M-5292 In the Matter of F., Emanuel N., also known as F., "Baby Boy" The New York Foundling Hospital Leave to prosecute appeal as a poor person granted, as indicated. |
| Tom, J.P., Mazzarelli, Saxe, Sullivan, Friedman, JJ. M-5147 People v Berry, DeJuan, also known as Harris, DeJuan Moving papers deemed a timely filed notice of appeal; leave to prosecute appeal as a poor person granted, as indicated. |
| Tom, J.P., Mazzarelli, Saxe, Sullivan, Friedman, JJ. M-4969 In the Matter of T., Kelvin R. v F., Tonya C. Law guardian substituted; perfected appeal adjourned to the March 2005 Term. |
| Tom, J.P., Saxe, Williams, Sweeny, Catterson, JJ. M-4693 People v Alston, Robert Enlargement of time to file notice of appeal and related relief denied. |
| Tom, J.P., Mazzarelli, Saxe, Sullivan, Friedman, JJ. M-5098 People v Camacho, Francisco Time to perfect appeal enlarged to the April 2005 Term. |
| Tom, J.P., Mazzarelli, Saxe, Sullivan, Friedman, JJ. M-5159 People v Pedraza, Antonio Moving papers deemed a timely filed notice of appeal from judgment rendered on or about December 3, 2003 under Indictment No. 3010/03; poor person relief and assignment of counsel afforded defendant by order entered on March 16, 2004 (M-332) extended to cover both indictment numbers. |
| Tom, J.P., Mazzarelli, Saxe, Sullivan, Friedman, JJ. M-5239 People v Caba, Jose; People v Figueroa, Hector Time to perfect defendant Figueroa's appeal enlarged to the April 2005 Term, to which Term defendant Caba's appeal adjourned; Clerk directed to calendar appeals for hearing together in said Term. |
| Tom, J.P., Saxe, Ellerin, Marlow, Catterson, JJ. M-4388 Priestley v Montefiore Medical Center/Einstein College Medical Center (And a third-party action) Clarification denied. |
| Tom, J.P., Saxe, Williams, Marlow, Sweeny, JJ. M-5148 Wal-Mart Stores, Inc. v United States Fidelity and Guaranty Company Reargument denied. |
| Tom, J.P., Andrias, Williams, Marlow, Gonzalez, JJ. M-4540 Ascot Realty, LLC v Richstone Reargument or other relief denied. |
| Tom, J.P., Mazzarelli, Saxe, Sullivan, Friedman, JJ. M-5203 Think Pink, Inc. v Rim, Inc. Plaintiff-appellant allowed to file one copy of material in question as an exhibit; motion otherwise denied. |
| Tom, J.P., Andrias, Saxe, Nardelli, Marlow, JJ. M-5478 In the Matter of Eighty-Eight Bleecker Company, L.L.C. v 88 Bleecker Street Owners Inc. Stay granted on condition appeal perfected for the April 2005 Term, as indicated. |
| Tom, J.P., Ellerin, Friedman, Sweeny, Catterson, JJ. M-5495 Greenblatt v Gluck Defendant-respondent permitted to file supplemental record on appeal, as indicated. |
| Mazzarelli, J.P., Sullivan, Nardelli, Friedman, Gonzalez, JJ. M-5034 People v Castillo, Juan Enlargement of time to file notice of appeal denied. |
| Mazzarelli, J.P., Ellerin, Nardelli, Marlow, Catterson, JJ. M-5359 In the Matter of R., Simon v N., Lillian Time to perfect appeal enlarged to the May 2005 Term. |
| Mazzarelli, J.P., Williams, Gonzalez, Sweeny, Catterson, JJ. M-5237 Plot Realty, LLC v Alkara Stay denied. |
| Mazzarelli, J.P., Andrias, Saxe, Marlow, Gonzalez, JJ. M-5582 Pedreira v Pedreira Stay denied. |
| Mazzarelli, J.P., Andrias, Saxe, Marlow, Gonzalez, JJ. M-5518 People v Purcell, Paul Renewal and/or reargument denied. |
| Mazzarelli, J.P., Saxe, Nardelli, Sweeny, JJ. M-2808 People v Castro, Edwin Writ of error coram nobis denied. |
| Mazzarelli, J.P., Andrias, Saxe, Marlow, Gonzalez, JJ. M-5519 People v Smith, Andre, also known as Smith, Jason Leave to deny adjournment previously granted respondent denied. |
| Mazzarelli, J.P., Andrias, Saxe, Marlow, Gonzalez, JJ. M-5605 In the Matter of A., Russell Jan v C., Naomi Marise CPLR 5704(a) relief denied. |
| Andrias, J.P., Ellerin, Nardelli, Marlow, Sweeny, JJ. M-5225 Alba v Pastoressa Appeal dismissed unless perfected for the April 2005 Term, as indicated. |
| Andrias, J.P., Sullivan, Nardelli, Williams, Friedman, JJ. M-4283 Molden v Harband Leave to appeal from the Appellate Term denied. |
| Saxe, J.P., Sullivan, Nardelli, Williams, Friedman, JJ. M-5428 Encarnacion v Sawyer Leave to prosecute appeal as a poor person denied, with leave to renew, as indicated. |
| Saxe, J.P., Ellerin, Nardelli, Gonzalez, Catterson, JJ. M-5091 Muriel Siebert & Co., Inc. v Intuit, Inc. Reargument or other relief denied. |
| Sullivan, J.P., Gonzalez, Sweeny, Catterson, JJ. M-2990 People v Oppenheimer, Rafael Writ of error coram nobis denied. |
| Tom, J. M-5224 People v Rivera, Omar Leave to appeal to this Court denied. |
| Saxe, J. M-4353 People v Morales, Isaac Leave to appeal to this Court granted, as indicated. |
| Saxe, J. M-3818 People v Castro, Edwin Leave to appeal to this Court denied. |
| Saxe, J. M-4053 People v Davis, Curtis Leave to appeal to this Court denied. |
| Saxe, J. M-3955 People v Mallet, Antonio Leave to appeal to this Court denied. |
| Saxe, J.P., Sullivan, Williams, Friedman, Marlow, JJ. M-4149 In the Matter of Michael S. Wantuck, (admitted as Michael Sissine Wantuck) an attorney and counselor-at-law: Respondent's name stricken from the roll of attorneys and counselors-at-law in the State of New York nunc pro tunc to May 12, 2004. Opinion Per Curiam. All concur. |
| The following motion orders were entered and filed on December 28, 2004: |
| Buckley, P.J., Tom, Andrias, Ellerin, Marlow, JJ. M-5305 In the Matter of E., Brien Time to perfect appeal enlarged to the April 2005 Term. |
| Nardelli, J.P., Saxe, Sullivan, Williams, Friedman, JJ. M-5013 Paredes v Perna Stay of trial granted on condition appeal perfected for the April 2005 Term, as indicated. |
| Nardelli, J.P., Mazzarelli, Ellerin, Marlow, Catterson, JJ. M-5373 Application of Guazzoni v McNamara Time to perfect the appeal enlarged to the May 2005 Term. |
| Nardelli, J.P., Tom, Andrias, Saxe, Marlow, JJ. M-5435 In the Matter of Eggleston Landrum CPLR 5704(a) relief denied; purported appeal from ex parte order dismissed. |
| Nardelli, J.P., Tom, Andrias, Saxe, Marlow, JJ. M-5484 People v Piper, Lionel Defendant directed to file 10 copies of pro se supplemental briefs for the May 2005 Term, to which Term appeals adjourned, as indicated. |
| Tom, J.P., Mazzarelli, Friedman, Gonzalez, Sweeny, JJ. M-5234 St. Barnabas Hospital v New York City Health and Hospitals Corporation Appeals consolidated; time to perfect same enlarged to the May 2005 Term. |
| Mazzarelli, J.P., Ellerin, Marlow, Gonzalez, Sweeny, JJ. M-5259 Epps v The City of New York Preliminary appellate injunction denied. |
| Mazzarelli, J.P., Andrias, Saxe, Marlow, Gonzalez, JJ. M-5523 People v Scott, Wayne Motion deemed withdrawn. |
| Mazzarelli, J.P., Andrias, Saxe, Marlow, Gonzalez, JJ. M-5524 People v Texidor, Mitchell Defendant directed to file 10 copies of his pro se supplemental brief for the April 2005 Term, to which Term appeal adjourned. |
| Mazzarelli, J.P., Andrias, Saxe, Marlow, Gonzalez, JJ. M-5563 Estevez v Coleman Stay of trial granted. |
| Sullivan, J.P., Ellerin, Williams, Gonzalez, Catterson, JJ. M-5488 Calloway v Calloway Time to perfect appeal enlarged to the April 2005 Term, as indicated. |