| THE FOLLOWING MOTION ORDERS WERE ENTERED AND FILED ON OCTOBER 28, 2003 |
| Buckley, P.J., Nardelli, Tom, Mazzarelli, Andrias, JJ. M-4701X Campbell v CP Properties LLC M-4705X Preziose v Bay Sanitation Service, Inc. M-4707X General Physics Corporation v Electronic Data Systems Corporation M-4710X Farfan-Lamazza v Moreira M-4711X Investec Ernst & Company v Bank of America, N.A. M-4725X NRP LLC I v Realtor Guardian Co., Inc. M-4726X Dontzin v Digital Rain Partners, I, LLC M-4770 People v Delacruz, Andres M-4841 People v Smith, Curtis M-4842X Plastic Decorators, Inc. v Whitehall Business Archives, Inc. M-4863X Gershon v Gershon M-4866X In the Matter of Becker v Centerline Construction Services, Inc. Appeals withdrawn. |
| Buckley, P.J., Nardelli, Tom, Mazzarelli, Andrias, JJ. M-4722X Genger v Genger Appeal and cross appeal withdrawn. |
| Buckley, P.J., Nardelli, Tom, Mazzarelli, Andrias, JJ. M-4864X Fireman's Fund Insurance Company v Landmark Education Corporation Appeal and cross appeal withdrawn. |
| Buckley, P.J., Nardelli, Tom, Mazzarelli, Andrias, JJ. M-4818 Forlini v Sam Chai Trading Co., Ltd. Appeal, previously perfected for the December 2003 Term, withdrawn. |
| Buckley, P.J., Nardelli, Tom, Mazzarelli, Andrias, JJ. M-4819 New York Life Insurance Company v Fortunato Appeal, previously perfected for the December 2003 Term, withdrawn. |
| Buckley, P.J., Nardelli, Tom, Mazzarelli, Andrias, JJ. M-4789 People v Mendoza, Aneyelo, also known as Calderon, Narciso Counsel substituted. |
| Buckley, P.J., Nardelli, Tom, Mazzarelli, Andrias, JJ. M-4790 People v Johnson, Michael Counsel substituted. |
| Buckley, P.J., Nardelli, Tom, Mazzarelli, Andrias, JJ. M-4791 People v Wiggins, James Counsel substituted. |
| Buckley, P.J., Tom, Saxe, Sullivan, Rosenberger, JJ. M-4255 In the Matter of Reid v The New York City M-4390In Rem Foreclosure Release Board Enlargement of time to perfect appeal and other relief denied; appeal dismissed. |
| Buckley, P.J., Mazzarelli, Saxe, Williams, Marlow, JJ. M-4406 People v Williams, Keivan Leave to prosecute appeal as a poor person granted, as indicated. |
| Buckley, P.J., Nardelli, Tom, Mazzarelli, Gonzalez, JJ. M-3958 People v Bonanno, Justin Leave to prosecute appeal as a poor person denied, with leave to renew, as indicated. |
| Buckley, P.J., Tom, Ellerin, Williams, JJ. M-4581 The CIT Group/Commercial Services, Inc. v Weiner (And a third-party action) Stay and other relief denied. |
| Buckley, P.J., Tom, Saxe, Sullivan, Rosenberger, JJ. M-4043 In the Matter of Steel v Department for the Aging, City of New York Leave to enlarge record on appeal and other relief denied. |
| Buckley, P.J., Tom, Saxe, Sullivan, Rosenberger, JJ. M-4029 People ex rel. Gonzalez, Antonio v Warden Writ of habeas corpus denied, as indicated. |
| Buckley, P.J., Nardelli, Sullivan, Williams, Lerner, JJ. M-4558 People ex rel. Dubin, Lawrence A., on Behalf of Sheng, Ping v Warden Bail reduction and/or release on recognizance denied; interim relief granted by order of a Justice of this Court, dated September 30, 2003, vacated; original bail set in the amount of $750,000 cash or bond reinstated, as indicated. |
| Buckley, P.J., Tom, Ellerin, Williams, JJ. M-4517 Cahill v The Triborough Bridge and Tunnel Authority Stay of trial granted. |
| Nardelli, J.P., Mazzarelli, Andrias, Marlow, Gonzalez, JJ. M-4034 In the Matter of M., Marissa Rosa, also known as M., Marita; and P., Lucy Delores, also known as M., Lucy St. Christopher's, Inc. Appeal dismissed. |
| Nardelli, J.P., Mazzarelli, Ellerin, Gonzalez, JJ. M-4403 People v Rodriguez, Rigoberto Moving papers deemed a timely filed notice of appeal; leave to prosecute appeal as a poor person granted, as indicated. |
| Nardelli, J.P., Mazzarelli, Sullivan, Rosenberger, Lerner, JJ. M-4271 Conlon v Becksmad Associates M-4516 Stay of trial granted; record on appeal enlarged, as indicated; appeal adjourned to the January 2004 Term. |
| Nardelli, J.P., Mazzarelli, Ellerin, Gonzalez, JJ. M-4520 Gavillan v The City of New York Time to perfect appeal enlarged to the March 2004 Term. |
| Nardelli, J.P., Mazzarelli, Ellerin, Gonzalez, JJ. M-4412 People v Newland, Wayne Leave to file pro se supplemental brief granted for the February 2004 Term, to which Term appeal adjourned, as indicated. |
| Nardelli, J.P., Mazzarelli, Andrias, Sullivan, Lerner, JJ. M-4719 Leong v MDA Trading Stay of trial denied. |
| Nardelli, J.P., Mazzarelli, Andrias, Sullivan, Lerner, JJ. M-4740 Kane v Estia Greek Restaurant, Inc. Stay of trial granted. |
| Nardelli, J.P., Mazzarelli, Andrias, Sullivan, Lerner, JJ. M-4742 Barkley v West Contracting Corp. Stay of trial denied. |
| Tom, J.P., Saxe, Rosenberger, Marlow, JJ. M-4308 Rousseau v Roche Leave to appeal from the Appellate Term denied. |
| Tom, J.P., Mazzarelli, Rosenberger, Ellerin, JJ. M-3794 Alharezi v Sharma Reargument or other relief denied. |
| Tom, J.P., Andrias, Saxe, Williams, JJ. M-4396 Trinidad v Lantigua Stay of trial granted. |
| Tom, J.P., Saxe, Rosenberger, Williams, Gonzalez, JJ. M-4734 Bellanger v Rossi Stay of trial denied. |
| Tom, J.P., Andrias, Saxe, Williams, JJ. M-4363 Elias v Linder Appellant granted leave to supplement record on appeal; appellant directed to file 10 copies of supplemental appellant's brief containing additional argument point for the January 2004 Term; respondents granted leave to file supplemental respondents' brief, all as indicated. |
| Tom, J.P., Andrias, Saxe, Williams, JJ. M-1975 Sea Trade Maritime Corporation v Hellenic Mutual M-2099 War Risks Association (Bermuda) Limited (And a third-party action) Stay denied; dismissal of appeal denied, without prejudice to addressing issue of applicability of Federal Arbitration Act on the appeal, as indicated. |
| Mazzarelli, J.P., Sullivan, Lerner, Marlow, Gonzalez, JJ. M-3625 In the Matter of Shuford v Turner M-3857 M-3891 Notice of appeal with respect to municipal respondent deemed timely served, as indicated; dismissal of appeal with respect to municipal respondent denied; appeal with respect to State respondent dismissed; appellant directed to perfect appeal for the March 2004 Term. |
| Mazzarelli, J.P., Sullivan, Lerner, Marlow, Gonzalez, JJ. M-3871 In the Matter of D., Dyandria Administration for Children's Services Preference denied; appellant granted leave to prosecute appeal as a poor person, as indicated; time to perfect appeal enlarged to the March 2004 Term. |
| Andrias, J.P., Ellerin, Williams, Lerner, Gonzalez, JJ. M-3853 In the Matter of Koger v Turner M-4298 Enlargement of time to perfect appeal and other relief denied; appeal dismissed. |
| Andrias, J.P., Saxe, Sullivan, Rosenberger, Marlow, JJ. M-4411 People v Gibson, Curtis Extension of time to file reply brief and other relief denied, as indicated. |
| Andrias, J.P., Saxe, Williams, Marlow, Gonzalez, JJ. M-4735 E., Maria v 599 West Associates CPLR 5704(a) relief denied; interim relief granted by order of a Justice of this Court, dated October 8, 2003, vacated. |
| Andrias, J.P., Saxe, Williams, Marlow, Gonzalez, JJ. M-4680 In re Application of Newsday, Inc. v Morgenthau M-4681 Dismissal of appeal denied; leave to compel intervenor-respondent to submit certain documents under seal for in camera review denied; interim relief granted by order of a Justice of this Court, dated October 7, 2003, vacated, without prejudice to addressing issues on the appeal. |
| Saxe, J.P., Rosenberger, Williams, Marlow, Gonzalez, JJ. M-4160 People v Moye, Allen Leave to prosecute appeal as a poor person granted, as indicated. |
| Sullivan, J.P., Rosenberger, Lerner, Friedman, Marlow, JJ. M-4425 People v Dixon, Sidney Leave to file pro se supplemental brief granted for the February 2004 Term, to which Term appeal adjourned, as indicated. |
| Sullivan, J.P., Rosenberger, Lerner, Friedman, Marlow, JJ. M-4484 Janis v Janis (And another action) Motion deemed application pursuant to CPLR 5704 and as such granted to the extent of modifying order to stay trial for additional 30 days, as indicated; application otherwise denied and purported appeal dismissed. |
| Ellerin, J.P., Williams, Lerner, Friedman, Gonzalez, JJ. M-4047 Santiago v New York City Health and Hospital Corporation Leave to prosecute purported appeal as a poor person denied; purported appeal dismissed, without prejudice to commencement of action or proceeding, as indicated. |
| Ellerin, J. M-2678 People v Wilson, Leroy Leave to appeal to this Court denied. |
| Marlow, J. M-4178 People v Hankins, Jamile 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-4572Billy C.D. Vidal, admitted in 1984, at a Term of the Appellate Division, Third 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, Rosenberger, Ellerin, Williams, JJ. M-4303In the Matter of Hermena Perlmutter, a suspended attorney: Petition for reinstatement deemed withdrawn. No opinion. All concur. |
| Nardelli, J.P., Rosenberger, Williams, Marlow, Gonzalez, JJ. M-2478In the Matter of Christopher J. Schulze, (admitted as Christopher Joel Schulze) an attorney and counselor-at-law: Respondent suspended effective the date hereof and until further order of the Court. Opinion Per Curiam. All concur. |
| THE FOLLOWING ORDERS WERE ENTERED AND FILED ON OCTOBER 23, 2003 |
| Nardelli, J.P., Mazzarelli, Ellerin, Gonzalez, JJ. M-4376 In the Matter of AVJ Realty Corp. v New York State Division of Housing and Community Renewal Appeals dismissed unless perfected for the March 2004 Term, as indicated; time to perfect appeals enlarged to said Term. |
| Mazzarelli, J.P., Sullivan, Lerner, Marlow, Gonzalez, JJ. M-3611 M & A Oasis, Inc. v MTM Associates M-3781 Preliminary appellate injunction and other relief denied; costs and sanctions denied; interim relief granted by order of a Justice of this Court, dated July 24, 2003, vacated. |
| Andrias, J.P., Saxe, Williams, Marlow, Gonzalez, JJ. M-4619 Figueroa v Goetz Stay of trial granted. |