| THE FOLLOWING MOTION ORDERS WERE ENTERED AND FILED ON OCTOBER 12, 2004 |
| Buckley, P.J., Nardelli, Tom, Mazzarelli, Andrias, JJ. M-4218X National Union Fire Insurance Company of Pittsburgh P.A. v Wausau Underwriters Insurance Company Appeal withdrawn. |
| Buckley, P.J., Nardelli, Tom, Mazzarelli, Andrias, JJ. M-4219X Mayfair Supermarkets, Inc., doing business as Edwards Super Food Stores, Inc. v C&S Wholesale Grocers, Inc. Appeal withdrawn to the extent indicated. |
| Buckley, P.J., Nardelli, Tom, Mazzarelli, Andrias, JJ. M-4220X Koch v AMSI Investors & NYLP Appeal withdrawn. |
| Buckley, P.J., Nardelli, Tom, Mazzarelli, Andrias, JJ. M-4208 In the Matter of State Farm Mutual Automobile Insurance Company v Estrella Appeal, previously perfected for the November 2004 Term, withdrawn. |
| Buckley, P.J., Nardelli, Tom, Mazzarelli, Andrias, JJ. M-4243 Pfister v Metropolitan Life Insurance Company Appeal, previously perfected for the October 2004 Term, withdrawn. |
| Buckley, P.J., Nardelli, Tom, Mazzarelli, Andrias, JJ. M-4247 Gmitruk v City of New York Appeals, previously perfected for the October 2004 Term, withdrawn. |
| Buckley, P.J., Nardelli, Tom, Mazzarelli, Andrias, JJ. M-4221X Michalak v Core Construction Corp. Appeal and cross appeals withdrawn. |
| Buckley, P.J., Mazzarelli, Saxe, Ellerin, Gonzalez, JJ. M-3981 People v Gomez, Saul Leave to prosecute appeal as a poor person granted, as indicated. |
| Buckley, P.J., Nardelli, Tom, Mazzarelli, Andrias, JJ. M-4060 People v Lucas, George Counsel substituted. |
| Buckley, P.J., Nardelli, Tom, Mazzarelli, Andrias, JJ. M-3876 People v Brito, Victor Counsel substituted. |
| Buckley, P.J., Nardelli, Andrias, Saxe, Lerner, JJ. M-3085 M-3597 In the Matter of Sanders - Scott, deceased Motions deemed withdrawn. |
| Buckley, P.J., Nardelli, Andrias, Saxe, Lerner, JJ. M-3988 Joseph v New York City Police Department Leave to prosecute appeal as a poor person denied, with leave to renew, as indicated. |
| Buckley, P.J., Mazzarelli, Saxe, Ellerin, Gonzalez, JJ. M-3993 Citipark II Associates, Ltd. v Lincoln Plaza Tenants Corp. Time to perfect appeal enlarged to the February 2005 Term. |
| Buckley, P.J., Nardelli, Andrias, Saxe, Lerner, JJ. M-3980 In the Matter of R., Simon v N., Lillian Time to perfect appeal enlarged to the February 2005 Term. |
| Buckley, P.J., Mazzarelli, Saxe, Ellerin, Gonzalez, JJ. M-3982 In the Matter of S., Shareal Stacey - Graham Windham Time to perfect appeal enlarged to the February 2005 Term. |
| Buckley, P.J., Nardelli, Andrias, Saxe, Lerner, JJ. M-4040 In the Matter of C., Starasia - Administration for Children's Services Time to perfect appeal enlarged to the March 2005 Term. |
| Buckley, P.J., Mazzarelli, Andrias, Sullivan, Lerner, JJ. M-3396 People v Wilson, Jermaine Reargument denied. |
| Buckley, P.J., Lerner, Friedman, Sweeny, Catterson, JJ. M-3033 People v Santos, Angel Enlargement of record on appeal granted to the extent indicated. |
| Buckley, P.J., Mazzarelli, Andrias, Marlow, Catterson, JJ. M-4342 Ruggiero v Cardella Trucking Company, sued herein as Cardella Carting Company Stay of trial granted. |
| Nardelli, J.P., Mazzarelli, Sullivan, Williams, Catterson, JJ. M-3960 In the Matter of F., Javier Time to perfect appeal enlarged to the February 2005 Term. |
| Nardelli, J.P., Saxe, Lerner, Marlow, JJ. M-3478 People ex rel. Lineberger, Jerry v Soloff Enlargement of time to perfect appeal and other relief denied. |
| Nardelli, J.P., Saxe, Sullivan, Marlow, Catterson, JJ. M-3929 Noise in the Attic Productions, Inc. v London Records (And a third-party action) Modification of order denied. |
| Nardelli, J.P., Tom, Sullivan, Ellerin, Williams, JJ. M-3948 In the Matter of I., Michenella - Seamen's Society For Children and Families Appeal reinstated and order of this Court entered September 2, 2004 (M-2782) vacated; substitution of counsel denied; poor person relief continued and time to perfect appeal enlarged to January 2005 Term. |
| Nardelli, J.P., Tom, Ellerin, Friedman, JJ. M-3759 Slate v Schiavone Construction Company Leave to appeal to the Court of Appeals granted, as indicated. |
| Tom, J.P., Williams, Friedman, Marlow, Sweeny, JJ. M-3805 People v Johnson, Andre and Johnson, Donald Leave to hold court reporter in contempt denied, with leave to renew, as indicated. |
| Tom, J.P., Williams, Friedman, Marlow, Sweeny, JJ. M-3821 People v Frazier, Darnell Moving papers deemed a timely filed notice of appeal. |
| Tom, J.P., Williams, Friedman, Marlow, Sweeny, JJ. M-3922 People v Valdez, Ramon Motion to relieve counsel denied. |
| Tom, J.P., Saxe, Ellerin, Marlow, Catterson, JJ. M-3080 Edelman v Taittinger, S.A. Corrected order issued, as indicated. |
| Tom, J.P., Williams, Friedman, Marlow, Sweeny, JJ. M-3934 Banca Di Roma v Mutual of America Life Insurance Company, Inc. (And second and third-party actions) Time to perfect appeal enlarged to the January 2005 Term, as indicated. |
| Tom, J.P., Williams, Friedman, Marlow, Sweeny, JJ. M-3692 Miller v Vigilant Insurance Company Time to perfect appeal enlarged to the January 2005 Term. |
| Tom, J.P., Andrias, Saxe, Ellerin, Marlow, JJ. M-2908 M-2912 M-2913 M-2922 Consumers Union of U.S., Inc. v The State of New York (And another action) Leave to appeal to the Court of Appeals granted, as indicated. |
| Tom, J.P., Saxe, Ellerin, Lerner, Gonzalez, JJ. M-2877 M-3118 EBC I, Inc. v Goldman Sachs & Co. Reargument denied; leave to appeal to the Court of Appeals granted, as indicated; amicus curiae brief deemed filed. |
| Tom, J.P., Sullivan, Williams, Lerner, Sweeny, JJ. M-4371 P.A. Building Company v The City of New York CPLR 5704(a) relief denied. |
| Tom, J.P., Sullivan, Williams, Lerner, Sweeny, JJ. M-4249 Davidson v Regan Fund Management Ltd. Stay granted on condition appeal perfected for the January 2005 Term. |
| Mazzarelli, J.P., Andrias, Saxe, Friedman, Catterson, JJ. M-3011 In the Matter of Hilson v Goodman Disclosure of juror questionnaires and records denied. |
| Mazzarelli, J.P., Andrias, Saxe, Friedman, Catterson, JJ. M-3210 Thompson v New York Bus Service Leave to appeal from the Appellate Term denied. |
| Andrias, J.P., Saxe, Sullivan, Gonzalez, JJ. M-2789 In re Maldarelli v Doherty Reargument or other relief denied. |
| Andrias, J.P., Saxe, Sullivan, Gonzalez, JJ. M-2788 In the Matter of Johnson v New York City Department of Environmental Protection Reargument or other relief denied. |
| Saxe, J.P., Ellerin, Williams, Lerner, Sweeny, JJ. M-780 People v Mendez, Ruben, also known as Mendez, Rafael, also known as Mendez, Rueben Writ of error coram nobis denied. |
| Saxe, J.P., Williams, Lerner, Marlow, JJ. M-3442 Tikhonova v Ford Motor Company Leave to appeal to the Court of Appeals granted, as indicated. |
| Lerner, J.P., Marlow, Gonzalez, Sweeny, Catterson, JJ. M-3290 M-3782 Hunt v New York City Housing Authority Enlargement of time to perfect appeal denied and appeal dismissed. |
| Lerner, J.P., Marlow, Gonzalez, Sweeny, Catterson, JJ. M-3688 Atton v Bier Appeals dismissed. |
| Lerner, J.P., Marlow, Gonzalez, Sweeny, Catterson, JJ. M-3025 Timoney v Newmark & Company Real Estate, Inc. Enlargement of time to perfect appeal from the judgment entered on or about April 9, 2003, and other relief, denied; appeal dismissed. |
| Lerner, J.P., Marlow, Gonzalez, Sweeny, Catterson, JJ. M-3654 M-3842 Hopper v Regional Scaffolding and Hoisting Co., Inc., doing business as Regional Ladder and Scaffolding Co. (And a third-party action) Preference denied; enlargement of record on appeal denied; matter remanded to Supreme Court, Bronx County. Buckley, P.J. M-3920 People v Vincent, Damon Leave to appeal to this Court denied. |
| Saxe, J. M-2689 People v Watson, Charles Leave to appeal to this Court denied. |
| Saxe, J. M-2753 People v Evans, Shawn, also known as Evans, Sean Leave to appeal to this Court denied. |
| Saxe, J. M-2673 People v Rumph, Robert Leave to appeal to this Court and other relief denied. |
| Saxe, J. M-2907 People v Sanchez, Antonio Leave to appeal to this Court denied. |
| Saxe, J. M-2652 People v Hunter, Terrance Leave to appeal to this Court denied. |
| Williams, J. M-3916 People v Pichardo, Amado Leave to appeal to this Court denied. |
| Marlow, J. M-3189 People v Murray, Joe, also known as Murray, Joseph Leave to appeal to this Court denied. |
| Lerner, J.P., Marlow, Gonzalez, Sweeny, Catterson, JJ. M-3436 In the Matter of Sanford I. Freedman, an attorney and counselor-at-law: Respondent disbarred and his name stricken from the roll of attorneys and counselors-at-law in the State of New York, effective nunc pro tunc to February 3, 2004. Opinion Per Curiam. All concur. |
| The following orders were entered and filed on October 7, 2004 |
| Buckley, P.J., Mazzarelli, Andrias, Marlow, Catterson, JJ. M-4236 450 West 14th St., Corp. v 40-56 Tenth Ave., LLC Leave to strike record on appeal or alternative relief denied; appeal adjourned to the January 2005 Term and motion otherwise denied. |
| Tom, J.P., Sullivan, Williams, Lerner, Sweeny, JJ. M-4164 In the Matter of R. Children - Catholic Guardian Society Respondent-appellant's briefs deemed timely filed for the December 2004 Term. |
| Tom, J.P., Sullivan, Williams, Lerner, Sweeny, JJ. M-4161 Rice v Jamaica Energy Partners, L.P. Petitioner-appellant directed to immediately file additional volume to the record on appeal and to correct previously filed volumes, all as indicated. Respondent granted leave to submit a supplemental record on appeal, if so advised. Appeal adjourned to the December 2004 Term. |
| Lerner, J.P., Marlow, Gonzalez, Sweeny, Catterson, JJ. M-3732 Friedlander v Namm Time to perfect appeals enlarged to the February 2005 Term; Clerk directed to calendar appeals for hearing together during said Term, as indicated; motion otherwise denied. |