| THE FOLLOWING MOTION ORDERS WERE ENTERED AND FILED ON JANUARY 6, 2004 |
| Buckley, P.J., Nardelli, Tom, Mazzarelli, Andrias, JJ. M-5713X Harris Corporation, Network Support Division (formerly the Digital Telephone Systems Division) v Gamma Communications Corporation M-5714X Elbroji v Lyle M-5715X Grgurovic v Controlled Combustion Company M-5755X Wajun Nanxiashu Secant Factory v Ti-Well International Corporation M-5772X Solvent Chemical Company, Inc. v Damon & Morey, LLP Appeals withdrawn. |
| Buckley, P.J., Nardelli, Tom, Mazzarelli, Andrias, JJ. M-5771X Leong v MDA Trading, Inc. Appeals, previously perfected for the January 2004 Term, withdrawn. |
| Buckley, P.J., Nardelli, Tom, Mazzarelli, Andrias, JJ. M-5716X Ross & Cohen, LLP v Kohl Appeal and cross appeal withdrawn. |
| Buckley, P.J., Nardelli, Ellerin, Lerner, Friedman, JJ. M-4745 People v Medina, Gonzalez Motion withdrawn. |
| Buckley, P.J., Nardelli, Tom, Mazzarelli, Andrias, JJ. M-5641 People v Carson, Joseph M-5642 Darcy, David, also known as Darcy, David E., also known as Darcy, David Edward M-5645 Fauntleroy, Douglas M-5646 Floyd, Kevin M-5648 Plaza, Luis Leave to prosecute appeals as poor persons granted, as indicated. |
| Buckley, P.J., Nardelli, Andrias, Ellerin, Friedman, JJ. M-5173 Dubinsky v American Arbitration Association Reargument or other relief denied. |
| Buckley, P.J., Tom, Ellerin, Marlow, Gonzalez, JJ. M-5273 JLM Auto Repair, Inc. v Martinez Reargument or other relief denied. |
| Buckley, P.J., Tom, Ellerin, Lerner, Friedman, JJ. M-4717 Smith v 21 West LLC Limited Liability Company M-5011 Leave to appeal to the Court of Appeals denied. |
| Buckley, P.J., Andrias, Saxe, Williams, Gonzalez, JJ. M-5185 Sheng v Elite of New York Cars, Ltd. Leave to appeal from the Appellate Term denied. |
| Buckley, P.J., Nardelli, Tom, Friedman, Marlow, JJ. M-1405 Rodriguez v The Trustees of Columbia University in the City of New York Reargument or other relief denied. |
| Buckley, P.J., Andrias, Sullivan, Friedman, Gonzalez, JJ. M-5459 Cook v Firquet Stay denied; interim relief granted by an order of a Justice of this Court, dated November 21, 2003, vacated. |
| Buckley, P.J., Sullivan, Ellerin, Williams, Gonzalez, JJ. M-5372 Callaghan v Goldsweig Time to perfect appeal enlarged to the April 2004 Term, as indicated. |
| Nardelli, J.P., Mazzarelli, Rosenberger, Lerner, Friedman, JJ. M-5122 People v Holder, Elijah Moving papers deemed a timely filed notice of appeal; leave to prosecute appeal as a poor person denied, with leave to renew, as indicated. |
| Nardelli, J.P., Saxe, Friedman, Marlow, Gonzalez, JJ. M-5288 People v Kimes, Sante Time to perfect appeal enlarged to the April 2004 Term. |
| Nardelli, J.P., Mazzarelli, Andrias, Williams, JJ. M-5188 Carnegie Park Associates v Graff Leave to appeal from the Appellate Term denied. |
| Nardelli, J.P., Mazzarelli, Andrias, Ellerin, JJ. M-5331 33 West 138th Street Tenants Association v Nuey Leave to appeal from the Appellate Term denied. |
| Nardelli, J.P., Mazzarelli, Andrias, Ellerin, Marlow, JJ. M-5211 Benitez v Board of Higher Education of the City of New York - City University of New York Leave to appeal to the Court of Appeals denied. |
| Nardelli, J.P., Tom, Andrias, Rosenberger, Friedman, JJ. M-5442 People v Hayes, Joshua Notice of appeal amended, as indicated. |
| Nardelli, J.P., Saxe, Friedman, Marlow, Gonzalez, JJ. M-5270 Messinger v The Mount Sinai Medical Center M-5344 Enlargement of time to perfect appeal denied, with leave to renew, as indicated; dismissal of appeal denied, with leave to renew should appellant fail to renew the motion, as indicated. |
| Tom, J.P., Saxe, Williams, Lerner, Marlow, JJ. M-3820 Bank of New York v Love Totaram Enterprises, L.P. Renewal/reargument granted and, upon renewal/reargument, the decision and order of this Court entered on July 10, 2003 (Appeal No. 913N) is recalled and vacated and a new decision and order substituted therefor. (See Appeal No. 913N, decided simultaneously herewith.); leave to appeal to the Court of Appeals denied. |
| Tom, J.P., Andrias, Saxe, Ellerin, Friedman, JJ. M-5398 101 Maiden Lane Realty Co., LLC v Ho; 101 Maiden Lane Realty Co., LLC v Sun Mei, Inc. Reargument denied. |
| Tom, J.P., Andrias, Saxe, Williams, JJ. M-4716 BNS Buildings, LLC v Darzi Leave to appeal from the Appellate Term denied. |
| Mazzarelli, J.P., Saxe, Lerner, Marlow, JJ. M-5350 People v Wiggins, Allen Leave to prosecute appeal as a poor person granted, as indicated. |
| Mazzarelli, J.P., Saxe, Lerner, Marlow, JJ. M-5397 People v Diaz, Frank Notice of appeal deemed timely filed; leave to prosecute appeal as a poor person granted, as indicated. |
| Mazzarelli, J.P., Saxe, Lerner, Marlow, JJ. M-5375 In the Matter of Adamson v Marshall, City of New York Leave to prosecute appeal as a poor person denied, with leave to renew, as indicated. |
| Mazzarelli, J.P., Sullivan, Rosenberger, Lerner, JJ. M-4028 People v Lebron, Elvin Reargument denied. |
| Mazzarelli, J.P., Saxe, Lerner, Marlow, JJ. M-5360 McBrien v Triborough Bridge & Tunnel Authority State Insurance Fund (And a third-party and second third-party action.) Time to perfect appeal enlarged to the June 2004 Term. |
| Mazzarelli, J.P., Saxe, Lerner, Marlow, JJ. M-5394 Diaz v Espada Stay denied. |
| Mazzarelli, J.P., Saxe, Lerner, Marlow, JJ. M-5114 Drakeford v The State of New York, Department of Corrections Matter transferred to the Appellate Division, Second Judicial Department, for disposition. |
| Mazzarelli, J.P., Andrias, Saxe, Williams, Marlow, JJ. M-5835 Marcus v Marcus Leave to enlarge record on appeal granted; appellant directed to amend the record, as indicated. |
| Mazzarelli, J.P., Saxe, Lerner, Marlow, JJ. M-5371 In the Matter of L., Tatiana Alicia; L., Destiny Alexis, also known as L., Destiny; and J., Kenneth Dayshawn Commissioner of Social Services of the City of New York Leave to prosecute appeal as a poor person granted to the extent indicated. |
| Mazzarelli, J.P., Andrias, Saxe, Williams, Marlow, JJ. M-5860 Douce, also known as Parkins v Banco Popular Time to perfect appeal enlarged to the April 2004 Term. |
| Mazzarelli, J.P., Andrias, Saxe, Williams, Marlow, JJ. M-5806 Antwerpse Dramantbank N.V., Substituted plaintiff for AMA Fancies, Inc. v Hershko CPLR 5704(a) relief denied. |
| Mazzarelli, J.P., Andrias, Saxe, Williams, Friedman, JJ. M-5250 M & T Mortgage Corporation v Camacho Stay granted. |
| Mazzarelli, J.P., Andrias, Saxe, Williams, Marlow, JJ. M-5768 People v Urena, Francisco Leave to file pro se supplemental brief denied. |
| Mazzarelli, J.P., Andrias, Saxe, Williams, Friedman, JJ. M-5594 People v Bradley, Albert The order of this Court entered on April 8, 2003 (M-1164) recalled and vacated; present appeal directed to be heard on the original record and appellate brief filed by assigned counsel for the May 2004 Term, to which Term appeal adjourned, as indicated. |
| Andrias, J.P., Saxe, Sullivan, Ellerin, JJ. M-4958 Masterwear Corporation v Bernard Reargument granted and, upon reargument, the decision and order of this Court entered on October 2, 2003 (Appeal Nos. 1397N/1398N) is recalled and vacated and a new decision and order substituted therefor. (See Appeal Nos. 1397N/1398N, decided simultaneously herewith.) |
| Andrias, J.P., Saxe, Rosenberger, Lerner, Friedman, JJ. M-4480 The Chase Manhattan Bank v Akin, Gump, Strauss, Hauer & Feld L.L.P. Leave to appeal to the Court of Appeals denied. |
| Saxe, J.P., Rosenberger, Williams, Lerner, Friedman, JJ. M-4679 G.D. Searle & Co., Inc. v Pennie & Edmonds LLP; University of Rochester v Pennie & Edmonds LLP Leave to appeal to the Court of Appeals denied. |
| Saxe, J.P., Rosenberger, Friedman, Marlow, JJ. M-5304 Valko v Maggio Reargument denied. |
| Sullivan, J.P., Rosenberger, Lerner, Friedman, Marlow, JJ. M-4494 446 Realty Co. v Higbie Leave to appeal from the Appellate Term denied. |
| Saxe, J.P., Sullivan, Rosenberger, Friedman, Gonzalez, JJ. M-4552In the Matter of Michael R. Bressler, (admitted as Michael Roy Bressler), an attorney and counselor-at-law: Respondent suspended from the practice of law in the State of New York, effective immediately, until such time as disciplinary matters pending before the Committee have been concluded and until further order of this Court. Opinion Per Curiam. All concur. |
| THE FOLLOWING ORDERS WERE ENTERED AND FILED ON DECEMBER 30, 2003 |
| Buckley, P.J., Andrias, Sullivan, Friedman, Gonzalez, JJ. M-5478 Murchison v Incognoli Stay of trial granted. |
| Mazzarelli, J. M-5591 People v Giancaspro, Michael Leave to appeal to this Court granted, as indicated. |