| THE FOLLOWING MOTION ORDERS WERE ENTERED AND FILED ON JULY 22, 2004 |
| Buckley, P.J., Nardelli, Tom, Mazzarelli, Andrias, JJ. M-2909X Carlucci v Gersten Appeal withdrawn. |
| Buckley, P.J., Nardelli, Tom, Mazzarelli, Andrias, JJ. M-2910X Torbochkina v New York Life Insurance and Annuity Corporation Appeal withdrawn. |
| Buckley, P.J., Nardelli, Tom, Mazzarelli, Andrias, JJ. M-2950 Palmer v O'Sullivan LLP Appeal, previously perfected for the September 2004 Term, withdrawn. |
| Buckley, P.J., Nardelli, Tom, Mazzarelli, Andrias, JJ. M-2738 People v Andino-Nieves, Juan, also known as Andino-Nieves, Juan M. Leave to prosecute appeal as a poor person granted, as indicated. |
| Buckley, P.J., Nardelli, Tom, Mazzarelli, Andrias, JJ. M-2743 People v Venable, Rachelle Leave to prosecute appeal as a poor person granted, as indicated. |
| Buckley, P.J., Nardelli, Mazzarelli, Sullivan, Gonzalez, JJ. M-1817A In the Matter of McA., Juliet - Commissioner of the Administration for Children's Services Law guardian substituted; appeal adjourned to October 2004 Term. (The order of this Court entered June 15, 2004 [M-1817] is recalled and vacated.) |
| Buckley, P.J., Nardelli, Andrias, Williams, Gonzalez, JJ. M-2403 Crawford v Barrett (And a third-party action) Motion for stay of trial deemed withdrawn. |
| Buckley, P.J., Tom, Saxe, Sullivan, Friedman, JJ. M-2407 People v Guzman, Primitivo Leave to prosecute appeal as a poor person denied, with leave to renew, as indicated. |
| Buckley, P.J., Lerner, Friedman, Marlow, Sweeny, JJ. M-1984 People v Laster, Michael Notice of appeal deemed timely filed; leave to prosecute appeal as a poor person denied, with leave to renew, as indicated. |
| Buckley, P.J., Lerner, Friedman, Marlow, Sweeny, JJ. M-1905 People v Neil, Vernon Counsel relieved; poor person relief previously granted continued; time to perfect appeal enlarged to December 2004 Term; substitution of retained counsel denied as unnecessary. |
| Nardelli, J.P., Tom, Sullivan, Ellerin, Williams, JJ. M-2663 Anguiano v 444 East 75th Street Corp. - New Century Construction Corp. (And other actions) Appeal deemed withdrawn. |
| Nardelli, J.P., Tom, Sullivan, Ellerin, Williams, JJ. M-2687 People v Rivas, Victor Appeal dismissed. |
| Nardelli, J.P., Tom, Sullivan, Ellerin, Williams, JJ. M-2351 M-2414 Mechetti v Colin Service Systems, Inc. (And others) Appeal dismissed. |
| Nardelli, J.P., Tom, Sullivan, Ellerin, Williams, JJ. M-2676 People v Rodriguez, Carlos Leave to prosecute appeal as a poor person granted, as indicated. |
| Nardelli, J.P., Tom, Ellerin, Lerner, Friedman, JJ. M-2675 People v Graham, Frank, also known as Graham, Frank A. Leave to prosecute appeal as a poor person granted, as indicated. |
| Nardelli, J.P., Tom, Sullivan, Ellerin, Williams, JJ. M-2684 In the Matter of H., Jasmine Nancy - Jewish Child Care Association Leave to prosecute appeal as a poor person granted, as indicated. |
| Nardelli, J.P., Tom, Sullivan, Ellerin, Williams, JJ. M-2693 People v Pawley, Melvin Notice of appeal deemed timely filed; leave to prosecute appeal as a poor person granted, as indicated. |
| Nardelli, J.P., Tom, Sullivan, Ellerin, Williams, JJ. M-2695 People v Ward, Derrick Notice of appeal deemed timely filed; leave to prosecute appeal as a poor person granted, as indicated. |
| Nardelli, J.P., Tom, Sullivan, Ellerin, Williams, JJ. M-2649 People v Douglas, Candace Moving papers deemed timely a filed notice of appeal; leave to prosecute appeal as a poor person granted, as indicated. |
| Nardelli, J.P., Tom, Sullivan, Ellerin, Williams, JJ. M-2573 People v Franco, Herminio Moving papers deemed a timely filed notice of appeal; leave to prosecute appeal as a poor person granted, as indicated. |
| Nardelli, J.P., Tom, Sullivan, Ellerin, Williams, JJ. M-2741 People v Stapkowitz, Joseph Leave to prosecute appeal as a poor person denied, with leave to renew, as indicated. |
| Nardelli, J.P., Tom, Ellerin, Lerner, Friedman, JJ. M-2555 People v Yu, Bin Leave to prosecute appeal as a poor person denied, with leave to renew, as indicated. |
| Nardelli, J.P., Tom, Sullivan, Ellerin, Williams, JJ. M-2739 People v Hong, Ye Quan, also known as Ye, Quan Hong Leave to prosecute appeal as a poor person denied, with leave to renew, as indicated. |
| Nardelli, J.P., Tom, Sullivan, Ellerin, Williams, JJ. M-2574 People v Mejias, Luis 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., Tom, Sullivan, Ellerin, Williams, JJ. M-2646 People v Daley, Merlon 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., Tom, Sullivan, Ellerin, Williams, JJ. M-2691 People v Castro, Gerson, also known as Castillo, Gerson Notice of appeal deemed timely filed; leave to prosecute appeal as a poor person denied, with leave to renew, as indicated. |
| Nardelli, J.P., Tom, Sullivan, Ellerin, Williams, JJ. M-2694 People v Vargara, Fabricio Notice of appeal deemed timely filed; leave to prosecute appeal as a poor person denied, with leave to renew, as indicated. |
| Nardelli, J.P., Tom, Sullivan, Ellerin, Williams, JJ. M-2696 People v Woods, Francisco Notice of appeal deemed timely filed; leave to prosecute appeal as a poor person denied, with leave to renew, as indicated. |
| Nardelli, J.P., Tom, Sullivan, Ellerin, Williams, JJ. M-2679 People v Peguro, Junior, also known as Peguro, Jorge Enlargement of time to file notice of appeal denied. |
| Nardelli, J.P., Tom, Sullivan, Ellerin, Williams, JJ. M-2610 People v Brewer, Eric Amendment of this Court's order entered September 23, 2003 (M-3648) granted; transcription of minutes directed and poor person relief previously granted continued, all as indicated. |
| Nardelli, J.P., Tom, Sullivan, Ellerin, Williams, JJ. M-2752 In the Matter of Flemming v Mazzuca Leave to prosecute appeal as a poor person and other relief denied, as indicated. |
| Nardelli, J.P., Tom, Sullivan, Ellerin, Williams, JJ. M-2597 In the Matter of C., Lorraine - Commissioner of Social Services of the City of New York Leave to prosecute appeal as a poor person denied, with leave to renew, as indicated. |
| Nardelli, J.P., Tom, Sullivan, Ellerin, Williams, JJ. M-2772 People v Ortiz, Pedro Leave to file pro se supplemental brief granted for the November 2004 Term, to which Term appeal adjourned. |
| Nardelli, J.P., Tom, Sullivan, Ellerin, Williams, JJ. M-2768 People v Cassie, Henry Leave to hold appeal in abeyance and other relief denied. |
| Nardelli, J.P., Tom, Andrias, Saxe, Marlow, JJ. M-2819 In the Matter of Tizer; Stein v Tizer Assignment of counsel denied. |
| Nardelli, J.P., Tom, Sullivan, Ellerin, Williams, JJ. M-2440 Central Park West Realty, LLC v Stocker Leave to appeal from the Appellate Term denied. |
| Nardelli, J.P., Tom, Sullivan, Ellerin, Williams, JJ. M-2740 M-2875 Michalak v 441 Lexington Avenue Co. Time to perfect appeal and cross appeal enlarged to the November 2004 Term. |
| Nardelli, J.P., Tom, Sullivan, Ellerin, Williams, JJ. M-2692 American Guarantee and Liability Insurance Company v CNA Reinsurance Company Stay granted on condition appeal perfected for the November 2004 Term, as indicated. |
| Nardelli, J.P., Tom, Sullivan, Ellerin, Williams, JJ. M-2902 M-2904 Security Pacific National Bank v Evans Time to perfect appeal enlarged to the January 2005 Term; appeal dismissed unless perfected for said Term, all as indicated. |
| Nardelli, J.P., Tom, Sullivan, Ellerin, Williams, JJ. M-2805 Suggs v Brown (And another action) Counsel relieved; time to perfect appeals enlarged to the November 2004 Term. |
| Nardelli, J.P., Tom, Sullivan, Ellerin, Williams, JJ. M-2767 People v Wilson, Nathaniel Time to perfect appeal enlarged to the November 2004 Term. |
| Nardelli, J.P., Tom, Sullivan, Ellerin, Williams, JJ. M-2662 Sellitto v New York City Industrial Development Agency (And other actions) Time to perfect appeal and cross appeal enlarged to the January 2005 Term, with leave to seek a further enlargement if necessary. |
| Nardelli, J.P., Tom, Sullivan, Ellerin, Williams, JJ. M-2651 M-2841 Ramirez v Columbia-Presbyterian Medical Center Time to perfect appeal enlarged to the January 2005 Term; dismissal of appeal denied, with leave to renew, as indicated. |
| Nardelli, J.P., Tom, Sullivan, Ellerin, Williams, JJ. M-2373 Lamb v Carroll Time to perfect appeal enlarged to the November 2004 Term. |
| Nardelli, J.P., Tom, Sullivan, Ellerin, Williams, JJ. M-2797 Perini Corporation v The City of New York Time to perfect appeal enlarged to the November 2004 Term. |
| Nardelli, J.P., Tom, Sullivan, Ellerin, Williams, JJ. M-2757 Hand v Silberman Time to perfect appeal enlarged to the January 2005 Term. |
| Tom, J.P., Saxe, Ellerin, Williams, Gonzalez, JJ. M-2020 In the Matter of R., Keenan v L., Julie and L., Jerald Leave to prosecute appeal as a poor person granted, as indicated. |
| Tom, J.P., Andrias, Williams, Marlow, Gonzalez, JJ. M-2520 People v Romero, Christian Leave to prosecute appeal as a poor person denied, with leave to renew, as indicated. |
| Tom, J.P., Andrias, Williams, Marlow, Gonzalez, JJ. M-2517 People v Rivera, Carlos Leave to prosecute appeal as a poor person denied, with leave to renew, as indicated. |
| Tom, J.P., Ellerin, Lerner, Marlow, JJ. M-2461 People v Peterson, David Leave to file supplemental brief denied, as indicated. (See Appeal Nos. 3510/3511; M-4854/M-4333/M-1508 entered April 29, 2004.) |
| Tom, J.P., Saxe, Lerner, Marlow, Gonzalez, JJ. M-2654 M-2655 Sea Trade Maritime Corporation v Hellenic Mutual War Risks Association (Bermuda) Limited (And a third-party action) Reargument denied; leave to appeal to the Court of Appeals denied, as indicated. |
| Tom, J.P., Ellerin, Williams, Marlow, JJ. M-1913 Hearst Magazines, A Division of Hearst Communications, Inc. v R.H. & Partners, Inc. Leave to appeal from the Appellate Term denied. |
| Tom, J.P., Andrias, Sullivan, Ellerin, Williams, JJ. M-1816 Colon v Cimasko Leave to compel issuance of a return date on order to show cause in the Supreme Court, Bronx County, denied, as indicated. |
| Mazzarelli, J.P., Andrias, Saxe, Friedman, Catterson, JJ. M-2936 M-3057 Avila v Robani Energy, Inc. Dismissal of appeal denied, as indicated. Notice of appeal deemed a premature notice of appeal. Respondents' time in which to file respondent's brief enlarged to September 8, 2004, for the October 2004 Term of this Court, to which Term appeal adjourned. |
| Mazzarelli, J.P., Andrias, Saxe, Friedman, Catterson, JJ. M-2847 Rodriguez v Galin (And a third-party action) Stay of all proceedings, including trial, granted on condition appeal perfected for the November 2004 Term, as indicated. |
| Mazzarelli, J.P., Andrias, Saxe, Friedman, Catterson, JJ. M-2994 Belfon v 92 St. Nicholas Avenue, HDFC Motion for a stay of eviction dismissed, without prejudice to further proceedings by either party in Bankruptcy Court. |
| Mazzarelli, J.P., Andrias, Saxe, Friedman, Catterson, JJ. M-3064 Chait v Kamal Leave for a Justice of this Court to "so order" the parties' post-judgment settlement agreement denied, without prejudice to plaintiffs' seeking such relief in Supreme Court. (See M-2874, decided simultaneously herewith.) |
| Nardelli, J.P., Tom, Sullivan, Ellerin, Williams, JJ. M-2874 Chait v Kamal Time to perfect appeal enlarged to the December 2004 Term. (See M-3604, decided simultaneously herewith.) |
| Mazzarelli, J.P., Andrias, Saxe, Friedman, Catterson, JJ. M-2636 Bernfeld v Prudential Securities Incorporated Stay granted on condition appeal perfected for the December 2004 Term, as indicated. |
| Mazzarelli, J.P., Andrias, Saxe, Friedman, Catterson, JJ. M-3001 McFadden v 530 Fifth Avenue RPS III Associates, L.P. CPLR 5701(c) relief denied; stay of re-trial denied, as indicated. |
| Mazzarelli, J.P., Andrias, Saxe, Friedman, Catterson, JJ. M-3016 SMD Capital Group LLC v EPR Capital LLC Stay and other relief denied. |
| Mazzarelli, J.P., Andrias, Saxe, Friedman, Catterson, JJ. M-3034 In the Matter of B., Herman v R., Darlene (And another action) Stay and related relief denied, as indicated. |
| Mazzarelli, J.P., Andrias, Saxe, Friedman, Catterson, JJ. M-2906 Schrage v Hatzlacha Cab Corporation Amicus curiae briefs submitted with moving papers deemed timely filed for the September 2004 Term. |
| Andrias, J.P., Ellerin, Lerner, Gonzalez, JJ. M-2280 M-2590 People v Johnson, Ted, also known as Johnson, Teddy, also known as Johnson, Rodney Reargument denied. |
| Saxe, J.P., Sullivan, Williams, Friedman, Marlow, JJ. M-2097 In the Matter of M., Ashante; M., Terrel; M., Taquwan - Administration for Children's Services Leave to prosecute appeal as a poor person granted, as indicated. Mazzarelli, J., M-575 People v White, Joey, also known as Spencer, Clifton Leave to appeal to this Court denied. |
| Saxe, J. M-1901 People v Diallo, Hamidou Leave to appeal to this Court denied. |
| Saxe, J. M-1579 People v Wallace, Howard Leave to appeal to this Court, and other relief, denied. |
| Ellerin, J. M-1159 People v Mathieu, Patrick Leave to appeal to this Court granted. |
| Sullivan, J. M-2108 People v Rodriguez, Jose Leave to appeal to this Court, and other relief, denied. |
| Sullivan, J. M-1612 People v Jasper, Phineas Leave to appeal to this Court denied. |
| Gonzalez, J. M-1076 People v Brunside, Shawn Leave to appeal to this Court denied. |
| Gonzalez, J. M-1393 People v Vestal, Dervin Leave to appeal to this Court, and other relief, denied. |
| Nardelli, J.P., Mazzarelli, Sullivan, Williams, Sweeny, JJ. M-2035In the Matter of Carla P. Rabinowitz, (admitted as Carla Phillippa Rabinowitz), a suspended attorney: Reinstatement as an attorney and counselor-at-law in the State of New York granted, effective the date hereof, as indicated. No opinion. All concur. |
| The following orders were entered and filed on July 15, 2004. |
| Mazzarelli, J.P., Andrias, Saxe, Friedman, Catterson, JJ. M-2938 In the Matter of M., James v U., Melanie Stay denied; interim relief granted by order of a Justice of this Court dated June 24, 2004, vacated. |
| Mazzarelli, J.P., Andrias, Saxe, Friedman, Catterson, JJ. M-2939 Prana Partners v Brittbran Realty, Inc. Stay granted on condition appeal perfected on or before August 9, 2004 for the October 2004 Term, and that on or before August 9, 2004 plaintiff posts an undertaking in the amount of $500,000, all as indicated. |