| THE FOLLOWING MOTION ORDERS WERE ENTERED AND FILED ON NOVEMBER 9, 2004 |
| Buckley, P.J., Nardelli, Tom, Mazzarelli, Andrias, JJ. M-4719 Perez v Morse Diesel International, Inc. (And a third-party action) Appeal, previously perfected for the December 2004 Term, withdrawn. |
| Buckley, P.J., Nardelli, Tom, Mazzarelli, Andrias, JJ. M-4739 Starwood Hotels & Resorts Worldwide, Inc. v Aoki Corporation Appeal, previously perfected for the December 2004 Term, withdrawn. |
| Buckley, P.J., Nardelli, Tom, Mazzarelli, Andrias, JJ. M-4496 People v Burton, Charles M-4497 Cassano, Ronnie, also known as Cassano, Ronnie K. M-4499 Chiddick, James M-4501 Coleman, William M-4502 Collado, Victor M-4503 Daniels, Thomas M-4504 Devlin, Curtis Leave to prosecute appeals as poor persons granted, as indicated. |
| Buckley, P.J., Nardelli, Tom, Mazzarelli, Andrias, JJ. M-4506 People v Florencio, Freddy M-4507 Gray, Alfred M-4509 James, Anthony M-4510 James, Dennis M-4511 Jiminez, Digna, also known as Jimenez, Digna M-4512 Johnson, Bernard M-4513 Johnson, Freddie M-4514 Martinez, William M-4515 Mayen, Robert M-4518 Porter, Jason M-4519 Rivera, Manuel, also known as Santiago, Molina Leave to prosecute appeals as poor persons granted, as indicated. |
| Buckley, P.J., Mazzarelli, Andrias, Marlow, Catterson, JJ. M-4152 People v Mendez, Harry Counsel substituted. |
| Buckley, P.J., Mazzarelli, Andrias, Marlow, Catterson, JJ. M-4166 In the Matter of A., Tashona Sharmaine - Graham-Windham Agency Leave to prosecute appeal as a poor person granted, as indicated. |
| Buckley, P.J., Lerner, Friedman, Marlow, Sweeny, JJ. M-3194 767 Third Avenue LLC v Greble & Finger, LLP Reargument or other relief denied. |
| Buckley, P.J. Nardelli, Saxe, Sullivan, Gonzalez, JJ. M-4547 Stone Capital Advisors, LLC v Fortrend International, LLC Stay of trial granted on condition appeal perfected for the February 2005 Term, as indicated. |
| Buckley, P.J., Nardelli, Mazzarelli, Sullivan, Gonzalez, JJ. M-2980 People v Oquendo, Alex Writ of error coram nobis denied. |
| Buckley, P.J., Nardelli, Saxe, Sullivan, Gonzalez, JJ. M-4279 Creditanstalt Investment Bank, AG v Chadbourne & Parke LLP Stay denied. |
| Buckley, P.J., Nardelli, Saxe, Sullivan, Gonzalez, JJ. M-4662 AIU Insurance Company v Investors Insurance Company Dismissal of consolidated appeals granted to the extent of adjourning same to the February 2005 Term and otherwise denied. |
| Buckley, P.J., Nardelli, Saxe, Sullivan, Gonzalez, JJ. M-4670 Driscoll v Tower Associates Appeal deemed perfected for the January 2005 Term. |
| Buckley, P.J., Tom, Andrias, Saxe, Marlow, JJ. M-4524 The Commissioners of the State Insurance Fund v Photocircuits Coporation Leave to file brief amici curiae denied. |
| Nardelli, J.P., Andrias, Sullivan, Williams, Friedman, JJ. M-4395 Ruggiero v Cardella Trucking Co., sued herein as Cardella Carting Company Leave for plaintiff to file a responding brief granted to the extent indicated; appeal adjourned to the January 2005 Term; motion otherwise denied. |
| Nardelli, J.P., Mazzarelli, Lerner, Friedman, Marlow, JJ. M-3878 M-4537 The Amcor Group, Ltd. v Fuks Stay denied; interim relief granted by order of a Justice of this Court, dated August 27, 2004, vacated; leave to hold defendant-appellant in contempt denied. |
| Nardelli, J.P., Andrias, Sullivan, Ellerin, Gonzalez, JJ. M-2464 People v Mendez, Pedrito Writ of error coram nobis denied. |
| Nardelli, J.P., Mazzarelli, Lerner, Friedman, Marlow, JJ. M-4432 The City School District of the City of New York v Campbell Appeals consolidated; time to perfect same enlarged to the March 2005 Term, as indicated. |
| Nardelli, J.P., Andrias, Sullivan, Williams, Friedman, JJ. M-4352 People v Dimaria, James Time to perfect appeal enlarged to the February 2005 Term, as indicated. |
| Nardelli, J.P., Mazzarelli, Lerner, Friedman, Marlow, JJ. M-4319 Thomas v 14 Rollins Street Realty Corp. Time to perfect appeals enlarged to the March 2005 Term. |
| Nardelli, J.P., Andrias, Sullivan, Williams, Friedman, JJ. M-4415 Shah v Wilco Systems, Inc. (And another action) Leave to file supplemental appendix denied, with leave to renew, as indicated; time to perfect appeal from the order entered January 5, 2004 enlarged to the March 2005 Term. |
| Nardelli, J.P., Andrias, Ellerin, Gonzalez, Catterson, JJ. M-4074 Thomas v Terrace Health Care Center, Inc. Dismissal of appeal denied, as indicated. |
| Nardelli, J.P., Mazzarelli, Lerner, Friedman, Marlow, JJ. M-4335 M-4625 Dannemann v Dannemann Appeals consolidated and said appeals dismissed unless perfected for the March 2005 Term; enlargement of time to perfect said appeals granted accordingly, all as indicated. |
| Nardelli, J.P., Ellerin, Williams, Lerner, Catterson, JJ. M-4447 Cabrera v Hirth Stay denied; interim relief granted by order of a Justice of this Court, dated October 5, 2004, vacated. |
| Tom, J.P., Saxe, Lerner, Marlow, Sweeny, JJ. M-4556 People v Parks, Corey Time to perfect appeal enlarged to the February 2005 Term. |
| Tom, J.P., Lerner, Friedman, Marlow, Gonzalez, JJ. M-4013 Cano v Shmonie Corp. Preference granted; appellant directed to perfect appeal for the April 2005 Term. |
| Tom, J.P., Mazzarelli, Andrias, Ellerin, Lerner, JJ. M-3901 Brennan v 42nd Street Development Project, Inc. (And other actions) Reargument or other relief denied. |
| Tom, J.P., Andrias, Sullivan, Ellerin, Sweeny, JJ. M-4330 Tavella v Tavella Appeals consolidated and time to perfect same enlarged to the March 2005 Term; stay granted; motion otherwise denied; all as indicated. |
| Mazzarelli, J. M-2787 People v Malik, Abdul-Jabbor Bail or release on own recognizance denied. (See M-2787A decided simultaneously herewith.) |
| Mazzarelli, J.P., Andrias, Saxe, Friedman, Catterson, JJ. M-2787A People v Malik, Abdul-Jabbor Assigned counsel relieved; poor person relief previously granted continued; leave to proceed pro se granted, as indicated. (See M-2787 decided simultaneously herewith.) |
| Mazzarelli, J.P., Williams, Friedman, Gonzalez, Catterson, JJ. M-4293 In the Matter of G., Eli - The Children's Village Dismissal of appeal denied; leave to prosecute appeal as a poor person granted, as indicated. |
| Mazzarelli, J.P., Andrias, Friedman, Marlow, Sweeny, JJ. M-4471 Dipilato v H. Park Central Hotel, L.L.C. (And a third-party action) Stay of trial granted. |
| Mazzarelli, J.P., Sullivan, Friedman, Marlow, JJ. M-3448 People v Alvarez, Ramon Writ of error coram nobis and other relief denied. |
| Sullivan, J.P., Ellerin, Williams, Gonzalez, Catterson, JJ. M-4669 In the Matter of Naroor v Gondal (And another action) Appeals consolidated; Clerk directed to calendar said appeals for hearing together for the March 2005 Term; motion otherwise denied. |
| Lerner, J.P., Marlow, Gonzalez, Sweeny, Catterson, JJ. M-3698A People v Toth, Anne Leave to prosecute appeal as a poor person granted, as indicated. Order of this Court entered October 21, 2004 (M-3698) vacated. |
| Nardelli, J. M-4526 People v Williams, James Leave to appeal to this Court denied. |
| Andrias, J. M-4019 People v Mason, Johnny Leave to appeal to this Court denied. |
| Andrias, J. M-3979 People v Smalls, Dwight Leave to appeal to this Court denied. |
| Andrias, J. M-4097 People v Mendoza, Antonio Leave to appeal to this Court denied. |
| Andrias, J. M-3657 People v Blount, Charlie Leave to appeal to this Court denied. |
| Sullivan, J. M-4408 People v Odom, Jonathan Leave to appeal to this Court denied. |
| Catterson, J. M-3451 People v Ford, George Leave to appeal to this Court denied. |
| Buckley, P.J., Nardelli, Andrias, Sullivan, Friedman, JJ. M-4183 In the Matter of Jonathan A. Weinstein (admitted as Jonathan Alan Weinstein), a disbarred attorney: Receiver appointed; respondent directed to comply with 22 NYCRR 600.13(g), all as indicated. All concur. No opinion. |
| Nardelli, J.P., Mazzarelli, Saxe, Ellerin, Williams, JJ. In the Matter of Attorneys Who Are in Violation of Judiciary Law Section 468-a: M-4728Madeleine M. Ruessmann, admitted on 12-8-86, 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. |
| Nardelli, J.P., Mazzarelli, Sullivan, Williams, Catterson, JJ. M-3787 In the Matter of Larry E. Feingold (admitted as Larry Edward Feingold) an attorney and counselor-at-law: Respondent's name stricken from the roll of attorneys and counselors-at-law in the State of New York, nunc pro tunc to April 28, 2004. Opinion Per Curiam. All concur. |
| Tom, J.P., Williams, Friedman, Marlow, Sweeny, JJ. M-3587 In the Matter of Larry Johnson, 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. |
| Tom, J.P., Saxe, Williams, Friedman, Marlow, JJ. M-964 In the Matter of Melinda E. Lowell (admitted as Melinda Eilene Lowell) an attorney and counselor-at-law: Respondent's name stricken from the roll of attorneys and counselors-at-law in the State of New York, effective December 9, 2004. Opinion Per Curiam. All concur. |