| THE FOLLOWING MOTION ORDERS WERE ENTERED AND FILED ON JUNE 17, 2004 |
| Buckley, P.J., Nardelli, Tom, Mazzarelli, Andrias, JJ. M-2475 People v Schwartz, Joshua Appeal withdrawn. |
| Buckley, P.J., Nardelli, Tom, Mazzarelli, Andrias, JJ. M-2493X Newell v Hernandez Appeal withdrawn. |
| Buckley, P.J., Nardelli, Tom, Mazzarelli, Andrias, JJ. M-2494X State National Insurance Company v West 78th Street Restaurant Corp., doing business as The Evelyn Lounge Appeal withdrawn. |
| Buckley, P.J., Nardelli, Tom, Mazzarelli, Andrias, JJ. M-2495X Timur on 5th Avenue, Inc. v Record Explosion, Inc. Appeal and cross appeal withdrawn. |
| Buckley, P.J., Nardelli, Tom, Mazzarelli, Andrias, JJ. M-2287 People v Bynum, Gregory M-2289 Kurnoy, Ruslan M-2291 Ruiz, David M-2292 Washington, Alfonso M-2405 Figueroa, Rogelio M-2406 Guerra, Carlos M-2408 Headley, Sabrina M-2409 Lucian�, Ruben M-2410 Nevado, Juan, also know as Navedo, Juan M-2411 Washington, James Leave to prosecute appeals as poor persons granted, as indicated. |
| Buckley, P.J., Andrias, Saxe, Lerner, Friedman, JJ. M-1767 Williams v Trust for Public Land-NY Inc., Trading As Trust for Public Land Leave to prosecute appeal as a poor person denied, with leave to renew, as indicated. |
| Buckley, P.J., Tom, Mazzarelli, Sullivan, Ellerin, JJ. M-1994 People ex rel. Covington, Ronnie v Warden Leave to prosecute appeal as a poor person denied, with leave to renew, as indicated. |
| Buckley, P.J., Nardelli, Tom, Mazzarelli, Andrias, JJ. M-2484 (D.C. #N/A) People v Marte, Jenny Upon the Court's own motion, time to perfect appeal enlarged to the September 2004 Term, as indicated. |
| Buckley, P.J., Nardelli, Tom, Mazzarelli, Andrias, JJ. M-2161 (D.C. #38) People v Burns, Trevor M-2179 (D.C. #53) Helena, Jose D. M-2220 (D.C. #63) Morales, Isaac M-2228 (D.C. #66) Patterson, Curtis, also known as Harper, Anthony M-2233 (D.C. #70) Ramirez, Edwin Upon the Court's own motions, time to perfect appeals enlarged to the November 2004 Term, as indicated. |
| Buckley, P.J., Nardelli, Tom, Mazzarelli, Andrias, JJ. M-2348 In the Matter of O., Justin Commissioner M-2135 (D.C. #20) of Social Services Upon papers filed and upon the Court's own motion, time to perfect appeal enlarged to the November 2004 Term, as indicated. |
| Buckley, P.J., Nardelli, Tom, Mazzarelli, Andrias, JJ. M-2350 In the Matter of The R. Children M-2140 (D.C. #24) Catholic Guardian Society Upon papers filed and upon the Court's own motion, time to perfect appeal enlarged to the November 2004 Term, as indicated. |
| Buckley, P.J., Nardelli, Tom, Mazzarelli, Andrias, JJ. M-2352 In the Matter of King v Ascher M-2121 (D.C. #7) Upon papers filed and upon the Court's own motion, enlargement of time to perfect proceeding denied; proceeding dismissed. |
| Buckley, P.J., Nardelli, Tom, Mazzarelli, Andrias, JJ. M-2159 (D.C. #36) People v Best, Darryl M-2163 (D.C. #39) Castillo, Elvis M-2217 (D.C. #61) Medina, Eduardo M-2244 (D.C. #78) Santos, Javier Upon the Court's own motions, time to perfect appeals enlarged to the December 2004 Term, as indicated. |
| Buckley, P.J., Nardelli, Tom, Mazzarelli, Andrias, JJ. M-2167 (D.C. #42) People v Deale, Brian Upon the Court's own motion, transcription of minutes directed, as indicated; time to perfect appeal enlarged to the December 2004 Term,. |
| Buckley, P.J., Nardelli, Tom, Mazzarelli, Andrias, JJ. M-2219 (D.C. #19) People v McIntosh, Dion Upon the Court's own motion, transcription of minutes directed, as indicated; time to perfect appeal enlarged to the December 2004 Term. |
| Buckley, P.J., Lerner, Friedman, Marlow, Sweeny, JJ. M-2226 In the Matter of H., Jerome Time to perfect appeal enlarged to the September 2004 Term. |
| Buckley, P.J., Nardelli, Andrias, Williams, Gonzalez, JJ. M-2075 Szpakowski v Shelby Realty, LLC (And a third-party action) Stay of trial and other relief denied. |
| Nardelli, J.P., Tom, Ellerin, Williams, JJ. M-1759 People v Smith, Patrick Leave to prosecute appeal as a poor person granted, as indicated. |
| Nardelli, J.P., Ellerin, Williams, Gonzalez, JJ. M-2073 People v Gomez, Angel Leave to prosecute appeal as a poor person granted, as indicated. |
| Nardelli, J.P., Saxe, Sullivan, Marlow, Catterson, JJ. M-2324 Curbean v Kibel Time to perfect appeal enlarged to the September 2004 Term. |
| Nardelli, J.P., Ellerin, Williams, Lerner, Catterson, JJ. M-2412 Harrison v Harrison Preliminary appellate injunction denied. |
| Nardelli, J.P., Mazzarelli, Andrias, Gonzalez, Sweeny, JJ. M-2479 Gonzalez v Whitney Trucking, Inc. Stay of trial denied, without prejudice to renewal, as indicated. |
| Nardelli, J.P., Saxe, Williams, Friedman, Sweeny, JJ. M-2012 People v Rodriguez, Javier Leave to enlarge record on appeal and related relief denied. |
| Nardelli, J.P., Mazzarelli, Andrias, Gonzalez, Sweeny, JJ. M-2400 In the Matter of Sofasa, LLC, doing business as Diamco Trading Co. v Schachter Stay denied. |
| Tom, J.P., Saxe, Ellerin, Williams, Gonzalez, JJ. M-2056 People v Reyes, Geury Leave to prosecute appeal as a poor person granted, as indicated. |
| Tom, J.P., Mazzarelli, Andrias, Ellerin, Lerner, JJ. M-2026 People v Rodriguez-Ortiz, Edgardo Notice of appeal deemed timely filed; leave to prosecute appeal as a poor person granted, as indicated. |
| Tom, J.P., Mazzarelli, Andrias, Ellerin, Lerner, JJ. M-2027 People v Rivera, Pedro Notice of appeal deemed timely filed; leave to prosecute appeal as a poor person granted, as indicated. |
| Tom, J.P., Mazzarelli, Andrias, Ellerin, Lerner, JJ. M-2028 People v King, Mary Notice of appeal deemed timely filed; leave to prosecute appeal as a poor person granted, as indicated. |
| Tom, J.P., Saxe, Ellerin, Williams, Gonzalez, JJ. M-1978 People v Santiago, Vincent, Sr. Moving papers deemed a timely filed notice of appeal; leave to prosecute appeal as a poor person granted, as indicated. |
| Tom, J.P., Saxe, Ellerin, Williams, Gonzalez, JJ. M-1980 People v Deaza, Jos� Moving papers deemed a timely filed notice of appeal; leave to prosecute appeal as a poor person granted, as indicated. |
| Tom, J.P., Mazzarelli, Andrias, Ellerin, Lerner, JJ. M-2019 People v Ruiz, Isadore Moving papers deemed a timely filed notice of appeal; leave to prosecute appeal as a poor person granted, as indicated. |
| Tom, J.P., Ellerin, Williams, Marlow, JJ. M-2024 In the Matter of C., Leroy, Jr., also known as C., Leroy; C., Emmonie, also known as C., Emmonie Leshelle; and H., Raevon, also known as C., Raevon Lindale St. Christopher's Inc. Leave to prosecute appeal as a poor person granted, as indicated. |
| Tom, J.P., Mazzarelli, Andrias, Ellerin, Lerner, JJ. M-1911 Chaiken v Camargo Luger M-2300 Leave to prosecute appeal as a poor person denied, without prejudice to renewal, as indicated; dismissal of appeal denied. |
| Tom, J.P., Mazzarelli, Andrias, Ellerin, Lerner, JJ. M-2235 People v Adams, William Leave to prosecute appeal on the original record and related relief granted to the extent indicated. |
| Tom, J.P., Saxe, Williams, Friedman, Marlow, JJ. M-1255 Meier v Stonebrook Structured Products, LLC. Enlargement of time to perfect appeal denied; purported appeal dismissed, without prejudice to an appeal by plaintiff from a judgment entered in Supreme Court, New York County, all as indicated. |
| Tom, J.P., Sullivan, Williams, Lerner, Gonzalez, JJ. M-1884 People v Shinaul, Robert Leave to enlarge record on appeal and related relief denied, without prejudice to defendant proceeding in Supreme Court. |
| Tom, J.P., Saxe, Ellerin, Williams, Gonzalez, JJ. M-2238 People v Williams, Timothy Record on appeal enlarged; transcription of minutes directed; time to perfect appeal enlarged, all as indicated. |
| Tom, J.P., Saxe, Ellerin, Marlow, Catterson, JJ. M-2318 In the Matter of Waverly Associates v New York State Division of Housing and Community Renewal; In the Matter of Berman v New York State Division of Housing and Community Renewal Time to perfect appeal under Index No. 114950/02 enlarged to the October 2004 Term, to which Term appeal under Index No. 116526/02 is enlarged. Clerk directed to calendar appeals for hearing together. |
| Tom, J.P., Andrias, Williams, Marlow, Gonzalez, JJ. M-2538 Heskel's West 38th Street Corp. v Gotham Construction Company, LLC, formerly known as Gotham Construction Co. Stay granted on condition appeal perfected for the October 2004 Term, as indicated. |
| Mazzarelli, J.P., Andrias, Sullivan, Lerner, Gonzalez, JJ. M-2269 Shields v Lindsay Time to perfect appeal enlarged to the September 2004 Term. |
| Mazzarelli, J.P., Andrias, Sullivan, Lerner, Gonzalez, JJ. M-2326 Van Dusen v Van Dusen Time to perfect appeal enlarged to the September 2004 Term. |
| Mazzarelli, J.P., Andrias, Sullivan, Lerner, Gonzalez, JJ. M-2327 Brandwein v New York City Transit Authority Time to perfect appeal enlarged to the October 2004 Term. |
| Mazzarelli, J.P., Andrias, Sullivan, Lerner, Gonzalez, JJ. M-2302 Max Five NY, LLC v Aquaterra Environmental Services Corp. Time to perfect appeal enlarged to the October 2004 Term. |
| Mazzarelli, J.P., Saxe, Sullivan, Marlow, Gonzalez, JJ. M-1763A People v Green, Jessee Assigned counsel relieved; poor person relief previously granted by order of this Court entered on September 11, 2003 (M-3569) continued; substitution of retained counsel denied, as unnecessary; the order of this Court entered on June 8, 2004 (M-1763) recalled and vacated. |
| Andrias, J.P., Ellerin, Lerner, Gonzalez, JJ. M-2011 In the Matter of Gonzalez v The New York City Housing Authority Motion deemed one for reargument and, as such, denied. |
| Saxe, J.P., Sullivan, Williams, Friedman, Marlow, JJ. M-2334 People v Faison, Alexander Leave to file pro se supplemental brief granted for the November 2004 Term, to which Term appeal adjourned, as indicated. |
| Sullivan, J.P., Lerner, Friedman, Marlow, JJ. M-1152 People v Downey, Thomas; People v Horn, Geoffrey Reargument denied. All concur except Sullivan, J., who dissents and would grant reargument and, upon reargument, affirm the judgments of conviction. |
| Lerner, J. M-2270 People v Perez, Miguel Leave to appeal to this Court denied. |
| Nardelli, J.P., Sullivan, Williams, Friedman, Marlow, JJ. M-200In the Matter of Robert J. Pape, Jr., 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, and until further order of this Court. Opinion Per Curiam. All concur. |
| Nardelli, J.P., Lerner, Friedman, Marlow, Gonzalez, JJ. M-1791In the Matter of Toritsefe Nanna (admitted as Toritsefe Ogunwa Nanna) an attorney and counselor-at-law: Respondent's resignation accepted and respondent's name stricken from the roll of attorneys and counselors-at-law in the State of New York, effective nunc pro tunc to April 15, 2004, and respondent directed to make restitution, as indicated. Opinion Per Curiam. All concur. |
| The following orders were entered and filed on June 15, 2004 |
| Buckley, P.J., Tom, Saxe, Sullivan, Friedman, JJ. M-2315 Berzak-Gold Architecture & Engineering, P.C. v Gulf Insurance Company Stay of trial denied. |
| Nardelli, J.P., Ellerin, Williams, Lerner, Catterson, JJ. M-2447 Zinn v City Scaffolding Corp. M-2539 Stay of trial granted on condition appeal and cross appeal perfected for the October 2004 Term, as indicated. |