| THE FOLLOWING MOTION ORDERS WERE ENTERED AND FILED ON JANUARY 6, 2005 |
| Buckley, P.J., Tom, Mazzarelli, Andrias, Saxe, JJ. M-5534X Mendez v RCPI Landmark Properties, L.L.C. (And a third-party action) M-5535X American Services Group, Inc. v Titanium Minerals of Canada, Inc. M-5536X Katz Communications, Inc. v Salem Communications Corporation M-5546X Cruz v Taino Construction Corp. M-5592X Hakimian v Consolidated Edison Company of New York (And a third-party action) M-5629X Sherry v Citibank, N.A. M-5630X Otter v Christopher Street Owners Corp. M-5525 People v Martinez, Lorenzo M-5526 Mapp, Howard M-5551 Epps, Dyrell M-5552 Sanchez, Zoila, also known as Sanchez, Soila M-5593 Banyan, Jarrett Appeals withdrawn. |
| Buckley, P.J., Tom, Mazzarelli, Andrias, Saxe, JJ. M-5576 Stark v Molod Spitz DeSantis & Stark, P.C. Appeal, previously perfected for the January 2005 Term, withdrawn. |
| Buckley, P.J., Tom, Mazzarelli, Andrias, Saxe, JJ. M-5604 Toni Industries, Inc. v Heller Financial, Inc. Appeal, previously perfected for the January 2005 Term, withdrawn. |
| Buckley, P.J., Tom, Mazzarelli, Andrias, Saxe, JJ. M-5648 Jacques v Madrid Appeal, previously perfected for the December 2004 Term, withdrawn. |
| Buckley, P.J., Tom, Mazzarelli, Andrias, Saxe, JJ. M-5616 Brandt v Winter Panel Corporation Appeal and cross appeal, previously perfected for the January 2005 Term, withdrawn. |
| Buckley, P.J., Tom, Mazzarelli, Andrias, Saxe, JJ. M-5418 People v Alfonso, Carlos Leave to prosecute appeal as a poor person granted, as indicated. |
| Buckley, P.J., Tom, Mazzarelli, Andrias, Saxe, JJ. M-5419 People v Conner, Michael M-5420 Greene, Nathaniel, also known as Green, Nathaniel M-5421 Medina, Julio M-5422 Tenzer, Leonard Leave to prosecute appeals as poor persons granted, as indicated. |
| Buckley, P.J., Mazzarelli, Saxe, Friedman, Catterson, JJ. M-5302 People v Moore, Stanley Leave to prosecute appeal as a poor person granted to the extent indicated. |
| Buckley, P.J., Andrias, Sullivan, Ellerin, Williams, JJ. M-4310 In the Matter of C., William R. - - McMahon Services for Children Leave to prosecute appeal as a poor person granted, as indicated. |
| Tom, J.P., Mazzarelli, Saxe, Friedman, Sullivan, JJ. M-5101 Rivera v Bally's Health and Tennis Corporation (And other actions) Appeal dismissed. |
| Tom, J.P., Friedman, Ellerin, Sweeny, Catterson, JJ. M-5717 The City of New York v 365 Canal Corp. (And two other actions) Dismissal of appeal denied, as indicated. |
| Tom, J.P., Saxe, Williams, Sweeny, Catterson, JJ. M-5059 In the Matter of H., Charisma Chante Spirit - - McMahon Services for Children Dismissal of appeal denied, with leave to renew, as indicated. |
| Tom, J.P., Friedman, Ellerin, Sweeny, Catterson, JJ. M-5712 Bodden v Penn-Atransco Corp. Time to perfect appeal enlarged to on or before January 31, 2005 for the April 2005 Term. |
| Tom, J.P., Andrias, Sullivan, Williams, Gonzalez, JJ. M-5157 Spyropoulos v Hirsh M-5242 Time to perfect appeal enlarged to the May 2005 Term; appeal dismissed unless perfected for said Term, as indicated. |
| Tom, J.P., Andrias, Sullivan, Williams, Gonzalez, JJ. M-5317 People v Rodriguez, Albert Transcription of minutes directed, as indicated. |
| Tom, J.P., Saxe, Marlow, Williams, Sweeny, JJ. M-5158 Eastbrook Caribe, A.V.V. v Fresh Del Monte Produce, Inc. Reargument or other relief denied, as indicated. |
| Tom, J.P., Saxe, Marlow, Williams, Sweeny, JJ. M-5198 Wal-Mart Stores, Inc. v United States Fidelity and Guaranty Company Reargument denied. |
| Tom, J.P., Friedman, Ellerin, Sweeny, Catterson, JJ. M-5589 People v Salley, Sean Enlargement of time to file pro se supplemental brief denied. |
| Tom, J.P., Mazzarelli, Friedman, Gonzalez, Sweeny, JJ. M-4668 In the Matter of S., Stephanie - - The Children's Aid Society Leave to prosecute appeal as a poor person granted, as indicated. (See M-4668A decided simultaneously herewith). |
| Tom, J. M-4668A In the Matter of S., Stephanie - - The Children's Aid Society Stay denied. (See M-4668 decided simultaneously herewith). |
| Tom, J.P., Friedman, Ellerin, Sweeny, Catterson, JJ. M-5746 Paek v The City of New York Time to perfect appeal enlarged to the May 2005 Term. |
| Mazzarelli, J.P., Friedman, Sullivan, Nardelli, Gonzalez, JJ. M-4538 Singh v Black Diamonds LLC Cross appeal of Nastasi, White, Inc. dismissed. |
| Mazzarelli, J.P., Marlow, Ellerin, Nardelli, Catterson, JJ. M-5325 People v Martinez, Alfredo Enlargement of time to file notice of appeal and other relief denied. |
| Mazzarelli, J.P., Marlow, Ellerin, Nardelli, Catterson, JJ. M-5323 Atlantic-Heydt Corporation v Illinois National Insurance Company Time to perfect appeal enlarged to the May 2005 Term. |
| Mazzarelli, J.P., Marlow, Ellerin, Nardelli, Catterson, JJ. M-5324 People v Smith, Ernest 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-5339 Mazelier v 634 West 135, LLC Appeal dismissed unless perfected for the May 2005 Term, as indicated. |
| Mazzarelli, J.P., Marlow, Ellerin, Nardelli, Catterson, JJ. M-5349 In the Matter of P. Children - - Administration for Children's Services Leave to prosecute appeal as a poor person denied, with leave to renew, as indicated. |
| Saxe, J.P., Friedman, Marlow, Sullivan, Williams, JJ. M-4875 In re Arbitration - Chaindom Enterprises, Inc. v Furgang & Adwar, L.L.P. Leave to appeal to the Court of Appeals denied. |
| Marlow, J.P., Sullivan, Ellerin, Sweeny, Catterson, JJ. M-4372 People v Lee, James Melvin Reargument denied. |
| Marlow, J.P., Williams, Gonzalez, Sweeny, Catterson, JJ. M-5297 Temples v New York City M-5383 Enlargement of time to perfect proceeding denied; proceeding dismissed. |
| Buckley, P.J., Andrias, Sullivan, Ellerin, Williams, JJ. M-4891In the Matter of Barry W. Horowitz (admitted as Barry Wayne Horowitz) an attorney and counselor-at-law: Respondent suspended from the practice of law in the State of New York, effective the date hereof, until such time as disciplinary matters pending before the Committee have been concluded, as indicated, and until further order of this Court. Opinion Per Curiam. All concur. |
| Saxe, J.P., Friedman, Nardelli, Williams, Sweeny, JJ. M-4339 In the Matter of Karene A. Freeman, (admitted as Karene Ann Freeman), 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, effective the date hereof. Opinion Per Curiam. All concur. |