| THE FOLLOWING MOTION ORDERS WERE ENTERED AND FILED ON JANUARY 8, 2004 |
| Buckley, P.J., Nardelli, Tom, Mazzarelli, Andrias, JJ. M-5831 People v Henry, Neville Appeal withdrawn. |
| Buckley, P.J., Nardelli, Tom, Mazzarelli, Andrias, JJ. M-5832 People v Montalvo, Armando Appeal withdrawn. |
| Buckley, P.J., Nardelli, Tom, Mazzarelli, Andrias, JJ. M-5842 People v Flemming, Woodrow Appeal withdrawn. |
| Buckley, P.J., Nardelli, Tom, Mazzarelli, Andrias, JJ. M-5839 DeMicco Bros., Inc. v Consolidated Edison Company of New York and Time Warner Cable Consolidated appeals as to Time Warner Cable withdrawn. |
| Buckley, P.J., Tom, Ellerin, Gonzalez, JJ. M-5020 Crisci v Vasquez Leave to prosecute appeal as a poor person denied, with leave to renew, as indicated. |
| Buckley, P.J., Tom, Ellerin, Marlow, JJ. M-5744 Intervale Development Corp. v Perine Preliminary appellate injunction denied; interim relief granted by order of a Justice of this Court, dated December 11, 2003, vacated. |
| Buckley, P.J., Andrias, Saxe, Williams, Gonzalez, JJ. M-5223 People v Duarte, Justo Moving papers deemed a timely filed notice of appeal; leave to prosecute appeal as a poor person denied, with leave to renew, as indicated. |
| Buckley, P.J., Andrias, Sullivan, Friedman, Gonzalez, JJ. M-5659 In the Matter of F., Manuel; G., Dominique; P., Aaron; P., Ariel; S., Devina - - Administration for Children's Services Time to perfect appeal enlarged to the May 2004 Term. |
| Buckley, P.J., Andrias, Sullivan, Friedman, Gonzalez, JJ. M-5508 People v Abelson, Ian Leave to prosecute appeal as a poor person denied, with leave to renew, as indicated. |
| Buckley, P.J., Andrias, Sullivan, Friedman, Gonzalez, JJ. M-5558 People v Lawson, Scott Time to perfect appeal enlarged to the May 2004 Term. |
| Buckley, P.J., Andrias, Sullivan, Friedman, Gonzalez, JJ. M-5658 In the Matter of T., Kelvin R. v F., Tonya C. Time to perfect appeal enlarged to the May 2004 Term. |
| Buckley, P.J., Andrias, Sullivan, Friedman, Gonzalez, JJ. M-5678 Mirabella v Mirabella Time to perfect appeal enlarged to the May 2004 Term. |
| Buckley, P.J., Saxe, Ellerin, Marlow, Gonzalez, JJ. M-5110 People v Soba, Jose Leave to prosecute appeal as a poor person denied, with leave to renew, as indicated. |
| Buckley, P.J., Sullivan, Ellerin, Williams, Gonzalez, JJ. M-5436 People v DiMaria, James Time to perfect appeal enlarged to the May 2004 Term. |
| Buckley, P.J., Sullivan, Ellerin, Williams, Gonzalez, JJ. M-5462 The Home Insurance Company, formerly known as City Insurance Company v Leprino Foods Company Appeal dismissed unless perfected for the May 2004 Term, as indicated. |
| Buckley, P.J., Sullivan, Ellerin, Williams, Gonzalez, JJ. M-5497 In the Matter of C., Johanna Time to perfect appeal enlarged to the June 2004 Term. |
| Nardelli, J.P., Tom, Andrias, Rosenberger, Ellerin, JJ. M-4630 People v Lopez, Armando Appeal deemed withdrawn. |
| Nardelli, J.P., Tom, Andrias, Rosenberger, Friedman, JJ. M-5415 People v Hernandez, Richard Leave to prosecute appeal as a poor person granted, as indicated. |
| Nardelli, J.P., Tom, Andrias, Rosenberger, Friedman, JJ. M-5423 People v Pratts, Thomas Leave to prosecute appeal as a poor person granted, as indicated. |
| Nardelli, J.P., Mazzarelli, Rosenberger, Lerner, Friedman, JJ. M-5029 People v Lucero, Adolfo 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., Mazzarelli, Friedman, Marlow, JJ. M-5568 People v Chatman, Maurice Leave to prosecute appeal as a poor person granted, as indicated. |
| Nardelli, J.P., Saxe, Rosenberger, Williams, Friedman, JJ. M-5612 Miseirvitch v Bronfman (And a Third-Party Action) Appeal withdrawn. |
| Nardelli, J.P., Saxe, Rosenberger, Williams, Friedman, JJ. M-5505 People v Alejo, Juan Notice of appeal deemed timely filed; leave to prosecute appeal as a poor person granted, as indicated. |
| Nardelli, J.P., Saxe, Rosenberger, Williams, Friedman, JJ. M-5265 People v Martinez, Lorenzo Moving papers deemed a timely filed notice of appeal; leave to prosecute appeal as a poor person granted, as indicated. |
| Nardelli, J.P., Saxe, Rosenberger, Williams, Friedman, JJ. M-5529 Medical Society of the State of New York v Oxford Health Plans, Inc. Time to perfect appeal enlarged to the June 2004 Term. |
| Nardelli, J.P., Saxe, Rosenberger, Williams, Friedman, JJ. M-5274 Cruz v E&N Refrigeration Corp. Time to perfect appeal enlarged to the April 2004 Term. |
| Nardelli, J.P., Saxe, Rosenberger, Williams, Friedman, JJ. M-5530 Cheng v Oxford Health Plans, Inc. Time to perfect appeal enlarged to the June 2004 Term. |
| Nardelli, J.P., Saxe, Rosenberger, Williams, Friedman, JJ. M-5495 People v O'Garra, Anthony, also known as O'Garro, Anthony Time to perfect appeal enlarged to the May 2004 Term. |
| Nardelli, J.P., Saxe, Rosenberger, Williams, Friedman, JJ. M-4074 NYCTL 1998-2 Trust and The Bank of New York v Bolds Stay denied; interim relief granted by order of a Justice of this Court, dated August 29, 2003, vacated. |
| Nardelli, J.P., Sullivan, Rosenberger, Lerner, Gonzalez, JJ. M-5743 Nurse v Emerald Real Estate Management Corp. Stay of trial and other relief granted on condition appeal perfected for the April 2004 Term. |
| Nardelli, J.P., Rosenberger, Williams, Marlow, Gonzalez, JJ. M-5565 People v Barton, Dean Leave to prosecute appeal as a poor person granted, as indicated. |
| Tom, J.P., Mazzarelli, Ellerin, Lerner, Marlow, JJ. M-5339 Gomez v The Monarch Condominium (And Other Actions) Time to perfect appeal enlarged to the May 2004 Term. |
| Tom, J.P., Mazzarelli, Ellerin, Lerner, Marlow, JJ. M-5555 People v Turner, Hattie Moving papers deemed a timely filed notice of appeal; leave to prosecute appeal as a poor person granted, as indicated. |
| Tom, J.P., Mazzarelli, Ellerin, Lerner, Marlow, JJ. M-5556 People v Bryant, Anthony Moving papers deemed a timely filed notice of appeal; leave to prosecute appeal as a poor person granted, as indicated. |
| Tom, J.P., Mazzarelli, Ellerin, Lerner, Marlow, JJ. M-5593 In the Matter of Ress - - L., Ada Time to perfect appeal enlarged to on or before March 22, 2004 for the June 2004 Term. |
| Tom, J.P., Andrias, Saxe, Ellerin, Friedman, JJ. M-5169 People v Marte, Antonio Leave to prosecute appeal as a poor person denied, with leave to renew upon defendant's compliance with the specific conditions set forth in the prior order of this Court entered on August 21, 2003 (M-3059), as indicated. |
| Tom, J.P., Andrias, Saxe, Ellerin, Friedman, JJ. M-5451 People v Rivera, Herbert Leave to prosecute appeal as a poor person granted, as indicated. |
| Mazzarelli, J.P., Andrias, Saxe, Williams, Friedman, JJ. M-5576 People v Morales, Wilfredo Moving papers deemed a timely filed notice of appeal; leave to prosecute appeal as a poor person granted, as indicated. |
| Mazzarelli, J.P., Sullivan, Lerner, Marlow, Gonzalez, JJ. M-5566 People v Cabrera, Pablo Leave to prosecute appeal as a poor person granted, as indicated. |
| Mazzarelli, J.P., Andrias, Saxe, Williams, Friedman, JJ. M-5567 In the Matter of C., Onelio Olvein Elijah Vidal Ondalis Santiago, also known as C., Onelio - - New York Foundling Hospital Time to perfect appeal enlarged to the June 2004 Term. |
| Friedman, J. M-5352 People v Dushain, Carl Leave to appeal to this Court denied. |
| Nardelli, J.P., Mazzarelli, Saxe, Ellerin, Williams, JJ. In the Matter of Attorneys Who Are in Violation of Judiciary Law Section 468-a: M-5366Andrew Stuart Zizmor, admitted November 16, 1988, at a Term of the Appellate Division, Second 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, 2004 |
| Nardelli, J.P., Andrias, Saxe, Williams, Friedman, JJ. M-5220 Pires v Frota Oceanica Brasileira, S.A. Time to perfect appeal from the order entered on or about December 5, 2002 enlarged to the April 2004 Term, as indicated; appeal from the order entered on or about June 25, 2003 dismissed. |
| Mazzarelli, J.P., Andrias, Saxe, Williams, Marlow, JJ. M-5701 In Re: New York City Asbestos Litigation - Tancredi v A.C. & S., Inc. Leave to file brief amici curiae granted; brief deemed filed for the March 2004, to which Term appeal adjourned. |