| THE FOLLOWING MOTION ORDERS WERE ENTERED AND FILED ON OCTOBER 16, 2003 |
| Buckley, P.J., Nardelli, Tom, Mazzarelli, Andrias, JJ. M-4556X Sterling National Bank & Trust Company of New York v J.K.K. Stores, Inc. Appeal withdrawn. |
| Buckley, P.J., Nardelli, Tom, Mazzarelli, Andrias, JJ. M-4624 People v Nival, David Appeal withdrawn. |
| Buckley, P.J., Nardelli, Tom, Mazzarelli, Andrias, JJ. M-4559 Lewis v The City of New York Appeal, previously perfected for the October 2003 Term, withdrawn. |
| Buckley, P.J., Nardelli, Tom, Mazzarelli, Andrias, JJ. M-4625 Blanco v The City of New York Appeal, previously perfected for the November 2003 Term, withdrawn. |
| Buckley, P.J., Nardelli, Tom, Mazzarelli, Andrias, JJ. M-4626 Uceta v Yellow Freight System, Inc. (And another action) Appeal, previously perfected for the November 2003 Term, withdrawn. |
| Buckley, P.J., Nardelli, Tom, Mazzarelli, Andrias, JJ. M-4660 Reina v Joseph F. Bernstein Company, Inc. (And other actions) Appeal, previously perfected for the November 2003 Term, withdrawn. |
| Buckley, P.J., Tom, Saxe, Sullivan, Rosenberger, JJ. M-4371 Elliott v The City of New York Appeal dismissed unless perfected for the March 2004 Term, as indicated. |
| Buckley, P.J., Mazzarelli, Saxe, Williams, Marlow, JJ. M-2154A In the Matter of C. Jr., Isaac v R., Veronica Upon the Court's own motion, counsel assigned. (See this Court's order entered on June 26, 2003 [M-2154], granting leave to prosecute appeal as a poor person). |
| Buckley, P.J., Mazzarelli, Ellerin, Williams, Marlow, JJ. M-2739A In the Matter of F., Carmen L. v C., Armando Upon the Court's own motion, counsel assigned. (See this Court's order entered on June 26, 2003 [M-2739], granting leave to prosecute appeal as a poor person). |
| Buckley, P.J., Nardelli, Tom, Mazzarelli, Gonzalez, JJ. M-3974 People v Uben, Johan, also known as Then, Johen Leave to prosecute appeal as a poor person denied, with leave to renew, as indicated. |
| Buckley, P.J., Tom, Saxe, Sullivan, Rosenberger, JJ. M-4368 Brown v New York City Health and Hospitals Corporation Time to perfect appeal enlarged to the February 2004 Term. |
| Buckley, P.J., Ellerin, Lerner, Friedman, Marlow, JJ. M-4236 In the Matter of J.D., Dumaka Hershey -- Forestdale, Inc. Time to perfect appeal enlarged to the March 2004 Term. |
| Buckley, P.J., Tom, Saxe, Sullivan, Rosenberger, JJ. M-4342 Ribacoff v Guiets Adams & Company Time to perfect appeal enlarged to the April 2004 Term. |
| Buckley, P.J., Nardelli, Sullivan, Williams, Lerner, JJ. M-4359 Noreiga v Sauerhaft Stay of trial granted on condition appeal perfected for the February 2004 Term, as indicated. |
| Buckley, P.J., Nardelli, Sullivan, Williams, Lerner, JJ. M-4346 Hunts Point Multi-Service Center, Inc. v Terra Firma Construction Management & General Contracting, LLC (And another action) Stay granted; plaintiff enjoined from taking action or disposition of funds held in escrow on condition appeal perfected for the February 2004 Term, as indicated. |
| Buckley, P.J., Tom, Saxe, Sullivan, Rosenberger, JJ. M-4172 Washington v Montefiore Medical Center Stay of trial denied. |
| Buckley, P.J., Nardelli, Sullivan, Williams, Lerner, JJ. M-4550 Sakow v 633 Seafood Restaurant, Inc. Leave to amend record on appeal and related relief denied. |
| Nardelli, J.P., Mazzarelli, Andrias, Marlow, Gonzalez, JJ. M-4066 People v Wilson, Shamel Time to perfect appeal enlarged to the February 2004 Term. |
| Nardelli, J.P., Mazzarelli, Andrias, Marlow, Gonzalez, JJ. M-4129 D'Amelio v Tishman Construction Corporation of New York (And other actions) Time to perfect appeal enlarged to the February 2004 Term. |
| Nardelli, J.P., Mazzarelli, Andrias, Marlow, Gonzalez, JJ. M-4166 Montalvo v J. Petrocelli Construction, Inc. Time to perfect appeal enlarged to the February 2004 Term. |
| Nardelli, J.P., Tom, Sullivan, Ellerin, Friedman, JJ. M-4291 TSI West 14, Inc. v Samson Associates, LLC Time to perfect appeal enlarged to the March 2004 Term. |
| Nardelli, J.P., Saxe, Sullivan, Williams, JJ. M-3386 Swartz v 234-6 22nd Street Corp. M-3548 Reargument denied, as indicated; sanctions and attorney's fees denied. |
| Nardelli, J.P., Andrias, Saxe, Williams, Friedman, JJ. M-3744 Hands-On-Mgt, Inc. v C.D.O. Realty Corp. M-3786 Reargument and other relief denied; stay and related relief denied. |
| Tom, J.P., Andrias, Rosenberger, Williams, JJ. M-1098A In the Matter of R., Hector v D., Carema, also known as L., Carema Upon the Court's own motion, counsel assigned. (See this Court's order entered on May 13, 2003 [M-1098], granting leave to prosecute appeal as a poor person). |
| Tom, J.P., Andrias, Saxe, Ellerin, Friedman, JJ. M-3453 Yugen Kaisha Y.K.F. v Popov Relief pursuant to CPLR 5704(a) denied. |
| Tom, J.P., Saxe, Rosenberger, Marlow, JJ. M-4325 People v Mays, Brock Summary affirmance of judgment of conviction denied, with leave to respondent to raise argument upon the appeal; appeal adjourned to the March 2004 Term. |
| Tom, J.P., Mazzarelli, Rosenberger, Ellerin, Williams, JJ. M-4354 People v Schwartz, Howard and Finkelstein, Steven Appeal adjourned to the March 2004 Term. Retained counsel directed to reproduce and file with this Court minutes of proceedings in Supreme Court, New York County; motion otherwise denied. |
| Mazzarelli, J.P., Sullivan, Lerner, Marlow, Gonzalez, JJ. M-3711A In the Matter of L., Shawna v B., William Upon the Court's own motion, counsel assigned. (See this Court's order entered on October 2, 2003 [M-3711], granting leave to prosecute appeal as a poor person). |
| Mazzarelli, J.P., Sullivan, Lerner, Marlow, Gonzalez, JJ. M-3582 People v Escolastico, Roy Leave to prosecute appeal as a poor person denied, with leave to renew, as indicated. |
| Mazzarelli, J.P., Sullivan, Lerner, Marlow, Gonzalez, JJ. M-3605 People v Guerrero, Jose Notice of appeal deemed timely filed; leave to prosecute appeal as a poor person denied, with leave to renew, as indicated. |
| Mazzarelli, J.P., Sullivan, Lerner, Marlow, Gonzalez, JJ. M-3818 People v Cabrera, Pablo Moving papers deemed a timely filed notice of appeal; leave to prosecute appeal as a poor person denied, with leave to renew, as indicated. |
| Mazzarelli, J.P., Sullivan, Lerner, Marlow, Gonzalez, JJ. M-3901 People v Gomez, Christian Leave to prosecute appeal as a poor person denied, with leave to renew, as indicated. |
| Andrias, J.P., Ellerin, Williams, Lerner, Gonzalez, JJ. M-4289 People v Chandler, Sammy Time to perfect appeal enlarged to the January 2004 Term. |
| Andrias, J.P., Ellerin, Williams, Lerner, Gonzalez, JJ. M-4321 Aldo Frustaci Iron Works, Inc. v Promatech, Inc. (And a third-party action) Time to perfect consolidated appeals enlarged to the March 2004 Term. |
| Andrias, J.P., Ellerin, Williams, Lerner, Gonzalez, JJ. M-4326 Levenson v Lippman Leave to enlarge record on appeal granted, as indicated. |
| Andrias, J.P., Ellerin, Williams, Lerner, Gonzalez, JJ. M-4262 Fifty CPW Tenants Corporation v Epstein; Epstein v Sedgwick, Deter, Moran & Arnold (And another action) Stay granted; plaintiff directed to perfect appeal from order entered June 21, 2002 for the February 2004 Term, for which Term defendant Epstein directed to perfect direct appeal from order entered April 11, 2003. Appeals and cross appeal consolidated, as indicated. Clerk directed to calendar same for hearing together during said Term. |
| Andrias, J.P., Ellerin, Williams, Lerner, Gonzalez, JJ. M-4173 People v Anonymous Anonymity granted, as indicated. Clerk directed to calendar appeal under People v Anonymous. |
| Saxe, J.P., Sullivan, Williams, Lerner, Friedman, JJ. M-4105 People v Guzman, Francisco Appeal deemed withdrawn. |
| Saxe, J.P., Rosenberger, Friedman, Marlow, JJ. M-4374 In the Matter of B., Ramel Time to perfect appeal enlarged to the February 2004 Term. |
| Saxe, J.P., Sullivan, Williams, Lerner, Friedman, JJ. M-4038 People v Asencio, Amilcar Moving papers deemed a timely filed notice of appeal. |
| Saxe, J.P., Sullivan, Williams, Lerner, Friedman, JJ. M-4101 People v Williams, Aaron Notice of appeal deemed timely filed; leave to prosecute appeal as a poor person granted, as indicated. |
| Saxe, J.P., Rosenberger, Friedman, Marlow, JJ. M-4307 Gerber v West Hempstead Convenience, Inc. Stay of trial granted. |
| Saxe, J.P., Rosenberger, Williams, Marlow, Gonzalez, JJ. M-4121 335-7 LLC v Tirelli Leave to appeal to the Appellate Term denied. |
| Andrias, J. M-2082 People v Mora, Heraldo Leave to appeal to this Court granted, as indicated. |
| Sullivan, J. M-3742 People v Reyes, Wilberto Leave to appeal to this Court denied. |
| Sullivan, J. M-4179 People v Ortiz, Steven Leave to appeal to this Court denied. |
| Rosenberger, J. M-4122 People v Serrano, Hector Leave to appeal to this Court denied. |
| Williams, J. M-3165 People v Rosario, Robert Leave to appeal to this Court denied. |
| Williams, J. M-4114 People v Johnson, Sheldon P. Leave to appeal to this Court denied. |
| Tom, J.P., Mazzarelli, Andrias, Sullivan, Williams, JJ. M-3945In the Matter of Stephen E. Karsch, (admitted as Stephen Elias Karsch), a disbarred attorney: Petitioner reinstated as an attorney and counselor-at-law in the State of New York, effective the date hereof. No opinion. All concur. |
| Mazzarelli, J.P., Sullivan, Lerner, Marlow, Gonzalez, JJ. M-3280In the Matter of Keith A. Hawthorne, (admitted as Keith Andrew Hawthorne), an attorney and counselor-at-law: Respondent publicly censured. Opinion Per Curiam. All concur. |
| THE FOLLOWING ORDERS WERE ENTERED AND FILED ON OCTOBER 14, 2003 |
| Nardelli, J.P., Mazzarelli, Ellerin, Gonzalez, JJ. M-4353 Cunningham v Office Depot, Inc. Stay of proceedings, including trial, granted. |
| Mazzarelli, J.P., Sullivan, Lerner, Marlow, Gonzalez, JJ. M-4428 Merchants Bank of New York, a Division of Valley National Bank v Itzkoff Modification denied. |