| THE FOLLOWING MOTION ORDERS WERE ENTERED AND FILED ON NOVEMBER 23, 2004 |
| Buckley, P.J., Nardelli, Tom, Mazzarelli, Andrias, JJ. M-4858 People v Johnson, Beverly M-4859People v Cabrera, Pablo M-4905X Merino v Wooil M-4906X Stewart v Bronx Lebanon Hospital Center (And a third-party action) M-4936X Tunick v Modell's Sporting Goods, Inc. (And a third-party action) M-4951 People v Hernandez, Samuel M-4957 People v Medina, Eduardo M-4976 People v Day, Louis M-4983X Agosto v Roy M-5068X Trznadel v 404 Fifth LLC. (And a third-party action) M-5069X North Fork Bank v Looney Tunez Towing Corp. M-5070X Richartz v Ameribuild Construction Management, Inc. Appeals withdrawn. |
| Buckley, P.J., Nardelli, Tom, Mazzarelli, Andrias, JJ. M-4904X In the Matter of Douglas Elliman, LLC., formerly known as Insignia Douglas Elliman, LLC. v MLB Kaye International Realty, Inc. Appeal and cross appeal withdrawn. |
| Buckley, P.J., Nardelli, Tom, Mazzarelli, Andrias, JJ. M-4947 Bunis v Chase Manhattan Bank Appeals, previously perfected for the September 2004 Term, withdrawn. |
| Buckley, P.J., Nardelli, Tom, Mazzarelli, Andrias, JJ. M-4811 Kirschner v The State of New York Appeal, previously perfected for the November 2004 Term, withdrawn. |
| Buckley, P.J., Nardelli, Tom, Mazzarelli, Andrias, JJ. M-5055X Hudson Telecom Center, LLC v Burgess Steel Products Corp. (And a third-party action) Appeal, previously perfected for the January 2005 Term, withdrawn. |
| Buckley, P.J., Williams, Lerner, Marlow, JJ. M-4473 People v Torres, Tider Leave to prosecute appeal as a poor person granted, as indicated. |
| Buckley, P.J., Nardelli, Tom, Mazzarelli, Andrias, JJ. M-4758 People v Baughan, David M-4759 Childs, Donald M-4761 Gibson, Leroy M-4762 Johnson, Joseph M-4763 Jones, Anthony M-4764 Mc Coy, Coda, also known as Mc Coy, Coda B. M-4765 Riggins, Jonathan, also known as Riggins, Jonathan A. M-4766 Sndhum, Balbir M-4768 Winston, Jamel, also known as Winston, Jamel L. M-4770 Young, Michael Leave to prosecute appeals as poor persons granted, as indicated. |
| Buckley, P.J., Mazzarelli, Andrias, Williams, Sweeny, JJ. M-4115 People v Redhead, Curtis Moving papers deemed a timely filed notice of appeal; leave to prosecute appeal as a poor person granted, as indicated. |
| Buckley, P.J., Mazzarelli, Andrias, Marlow, Catterson, JJ. M-4128 People v Linares, Felix Leave to prosecute appeal as a poor person denied, with leave to renew, as indicated. |
| Buckley, P.J., Mazzarelli, Andrias, Marlow, Catterson, JJ. M-4136 People v Reinoso, Joel Leave to prosecute appeal as a poor person denied, with leave to renew, as indicated. |
| Buckley, P.J., Mazzarelli, Andrias, Marlow, Catterson, JJ. M-4120 People v Devison, Miguel Leave to prosecute appeal as a poor person denied, with leave to renew, as indicated. |
| Buckley, P.J., Mazzarelli, Andrias, Williams, Sweeny, JJ. M-4270 People v Moreno, Ricardo Leave to prosecute appeal as a poor person denied, with leave to renew, as indicated. |
| Buckley, P.J., Tom, Andrias, Saxe, Marlow, JJ. M-4360 Uriondo v Timbereline Camplands, Inc. Time to perfect appeal enlarged to the March 2005 Term. |
| Buckley, P.J., Nardelli, Saxe, Sullivan, Gonzalez, JJ. M-4654 Rostropovich v Guerrand-Hermes Time to perfect appeals and cross appeal enlarged to the March 2005 Term, as indicated. |
| Buckley, P.J., Nardelli, Saxe, Sullivan, Gonzalez, JJ. M-4584 Thomas v Fall Creek Contractors, Inc. (And a third-party action) Time to perfect appeal enlarged to the April 2005 Term. |
| Nardelli, J.P., Mazzarelli, Lerner, Friedman, Marlow, JJ. M-4382 People v Almonte, Gregory Leave to prosecute appeal as a poor person granted, as indicated. |
| Nardelli, J.P., Tom, Sullivan, Ellerin, Williams, JJ. M-4474 People v Vargara, Fabricio Leave to prosecute appeal as a poor person granted, as indicated. |
| Nardelli, J.P., Tom, Sullivan, Ellerin, Williams, JJ. M-4445 People v Mejias, Luis Leave to prosecute appeal as a poor person granted, as indicated. |
| Nardelli, J.P., Andrias, Sullivan, Williams, Friedman, JJ. M-4344 People v Ozuna, Beato Leave to prosecute appeal as a poor person granted, as indicated. |
| Nardelli, J.P., Mazzarelli, Lerner, Friedman, Marlow, JJ. M-4294 People v Beltre, Steicy Rafael, also known as Beltre, Stacy Moving papers deemed a timely filed notice of appeal; leave to prosecute appeal as a poor person granted, as indicated. |
| Tom, J.P., Saxe, Williams, Marlow, Sweeny, JJ. M-4570 In the Matter of C., Lorraine v H., Irving The Commissioner of Social Services of the City of New York Time to perfect appeal enlarged to the May 2005 Term. |
| Tom, J.P., Andrias, Sullivan, Ellerin, Sweeny, JJ. M-4434 People v Adames, Rafael Reynoso Time to perfect consolidated appeals enlarged to the February 2005 Term; motion otherwise denied. |
| Tom, J.P., Andrias, Saxe, Sullivan, Marlow, JJ. M-4157 People v Maldonado, Frank Reargument granted to extent of issuing a corrected opinion and order this date (Appeal No. 3589). |
| Tom, J.P., Andrias, Sullivan, Ellerin, Sweeny, JJ. M-4778 People v Ferreras, Alejandro Defendant directed to serve and file pro se supplemental brief on or before January 3, 2005; with reply, if any, to be served and filed on or before February 2, 2005, as indicated; motion otherwise denied. |
| Tom, J.P., Ellerin, Williams, Lerner, Catterson, JJ. M-4676 In the Matter of M., "Male", also known as M., Jose Little Flower Children's Services Time to perfect appeal enlarged to the March 2005 Term. |
| Mazzarelli, J.P., Andrias, Saxe, Friedman, Catterson, JJ. M-4523 People v Whitfield, Eric Leave to prosecute appeal as a poor person granted, as indicated. |
| Mazzarelli, J.P., Andrias, Friedman, Marlow, Sweeny, JJ. M-4787 Barcov Holding Corp. v Bexin Realty Corporation Appeal dismissed unless perfected for the March 2005 Term, as indicated. |
| Mazzarelli, J.P., Ellerin, Lerner, Friedman, Sweeny, JJ. M-4725 Cintron v New York City Transit Authority Time to perfect appeal enlarged to the March 2005 Term. |
| Mazzarelli, J.P., Andrias, Friedman. Marlow, Sweeny, JJ. M-4726 Shah v Wilco Systems, Inc. (And another action) Stay denied. |
| Mazzarelli, J.P., Andrias, Friedman, Marlow, Sweeny, JJ. M-4617 Fedele v Ackerman Stay denied; interim relief granted by order of a Justice of this Court, dated October 14, 2004, vacated. |
| Andrias, J.P., Sullivan, Ellerin, Lerner, Marlow, JJ. M-4692 People v Garcia, Raul Moving papers deemed a timely filed notice of appeal; leave to prosecute appeal as a poor person granted, as indicated. |
| Sullivan, J.P., Ellerin, Williams, Gonzalez, Catterson, JJ. M-4478 People v Zapata, Manuel Moving papers deemed a timely filed notice of appeal; leave to prosecute appeal as a poor person granted, as indicated. |
| Tom, J. M-4159 People v Patterson, Curtis Leave to appeal to this Court denied. |
| Sullivan, J. M-3911 People v Santana, Genaro Leave to appeal to this Court denied. |
| Sweeny, J. M-3917 People v Brown, Alphonso, also known as Brown, Ray, also known as Johnson, Ray Leave to appeal to this Court denied. |
| Catterson, J. M-4529 People v Castro, Dario 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-5117Eileen Sharon King, admitted on 6-20-04, 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. |
| Nardelli, J.P., Tom, Ellerin, Williams, Gonzalez, JJ. M-4054 In the Matter of Steven Philip Rapoport, (admitted as Steven Philip Katz) A suspended attorney: Reinstatement denied. No opinion. All concur. |
| Nardelli, J.P., Mazzarelli, Saxe, Ellerin, Williams, JJ. In the Matter of Attorneys Who Are in Violation of Judiciary Law Section 468-a: M-5213Jon Peter Fine, admitted on July 26, 1993, at a Term of the Appellate Division, First Department Respondent reinstated as an attorney and counselor-at-law in the State of New York, effective the date hereof. No opinion. All concur. |
| Tom, J.P., Sullivan, Ellerin, Lerner, Sweeny, JJ. M-3965 In the Matter of the Application of Svi Zer, a disbarred attorney: Reinstatement denied. No opinion. All concur. |