| THE FOLLOWING MOTION ORDERS WERE ENTERED AND FILED ON OCTOBER 7, 2004 |
| Buckley, P.J., Nardelli, Tom, Mazzarelli, Andrias, JJ. M-4104X National Medical Health Card Systems, Inc. v Oil Heat Institute Health of Long Island Insurance Trust Fund (And another action) M-4158X Saks v The New York City Health and Hospitals Corporation M-4177X Basic Image, Inc. v Certain Underwriters at Interest of Naviga Belgamar M-4181X Gabbay v Mandel M-4185X Olszewski v DJM Contracting Corp. (And a third-party action) M-4186X Coscolluela v Tribeca Associates, L.P. (And a third-party action) M-4036 People v Kimes, Kenneth M-4083 People v Pichardo, Daniel Appeals withdrawn. |
| Buckley, P.J., Nardelli, Tom, Mazzarelli, Andrias, JJ. M-4178X Gerald v Jiminez (And a third-party action) Appeal, previously perfected for the November 2004 Term, withdrawn. |
| Buckley, P.J., Nardelli, Tom, Mazzarelli, Andrias, JJ. M-4105X Jones Apparel Group, Inc. v Polo Ralph Lauren Corporation Appeal of defendant-appellant Nemerov withdrawn. |
| Buckley, P.J., Nardelli, Tom, Mazzarelli, Andrias, JJ. M-4061 People v Rivera, Victor Counsel substituted. |
| Buckley, P.J., Nardelli, Andrias, Saxe, JJ. M-3998 Komlosi v Burchetta, Broffman, Collin & Hanley, LLP M-4045 Time to perfect appeal from order entered on or about August 13, 2003 enlarged to the January 2005 Term; appeal from the order entered on or about April 6, 2004 withdrawn; dismissal of appeals denied, as indicated. |
| Buckley, P.J., Nardelli, Andrias, Saxe, Lerner, JJ. M-3989 People v Texidor, Mitchell Leave to file pro se supplemental brief granted for the February 2005 Term, to which Term appeal adjourned, as indicated. |
| Buckley, P.J., Tom, Mazzarelli, Sullivan, Ellerin, JJ. M-3328 Costello v Panavision of New York Reargument or other relief denied. |
| Buckley, P.J., Mazzarelli, Saxe, Ellerin, Gonzalez, JJ. M-3912 In the Matter of V., Luz Maria - - Administration for Children's Services Leave to respond to appeal as a poor person denied, with leave to renew, as indicated. |
| Buckley, P.J., Mazzarelli, Saxe, Ellerin, Gonzalez, JJ. M-3784 In the Matter of H., Adams, also known as F., Adam - -Seamen's Society for Children and Families Leave to prosecute appeal as a poor person granted, as indicated. |
| Buckley, P.J., Lerner, Friedman, Sweeny, Catterson, JJ. M-3815 People v Young, Aaron Pro se supplemental brief deemed timely filed for the February 2005 Term, to which Term appeal adjourned. |
| Buckley, P.J., Lerner, Friedman, Sweeny, Catterson, JJ. M-3770 587 Development Incorporated v Pizzuto Appeal dismissed. |
| Buckley, P.J., Lerner, Friedman, Sweeny, Catterson, JJ. M-3794 People v Burns, Trevor Time to perfect appeal enlarged to the February 2005 Term. |
| Buckley, P.J., Lerner, Friedman, Sweeny, Catterson, JJ. M-3788 People v Dotson, Steven Enlargement of record on appeal granted; transcription of minutes directed, as indicated; time to perfect appeal enlarged to the February 2005 Term. |
| Buckley, P.J., Lerner, Friedman, Sweeny, Catterson, JJ. M-3811 Hand v Silberman Enlargement of record on appeal and other relief denied. |
| Buckley, P.J., Lerner, Friedman, Marlow, Sweeny, JJ. M-3084 Hladum-Goldmann v Rentsch Associates Reargument or other relief denied, as indicated. |
| Nardelli, J.P., Mazzarelli, Saxe, Ellerin, Lerner, JJ. M-3943 In the Matter of S., Jeuris J. v R., Elizabeth Leave to prosecute appeal as a poor person denied, with leave to renew, as indicated. |
| Nardelli, J.P., Andrias, Ellerin, Gonzalez, Catterson, JJ. M-4002 Pickard v Pickard Leave to prosecute appeals as a poor person denied, with leave to renew, as indicated. |
| Nardelli, J.P., Ellerin, Williams, Lerner, Catterson, JJ. M-3538 Cabrera v Hirth Leave to appeal to the Court of Appeals denied. |
| Nardelli, J.P., Mazzarelli, Saxe, Lerner, JJ. M-2966 McDermott v Coffee Beanery, Ltd. (And a third-party action) Leave to appeal to the Court of Appeals denied. |
| Nardelli, J.P., Ellerin, Williams, Lerner, Catterson, JJ. M-3264 Potters v 71st Street Lexington Corp. (And another action) Reargument or other relief denied. |
| Nardelli, J.P., Mazzarelli, Lerner, Friedman, JJ. M-3286 Uzan v 845 UN Limited Partnership Reargument or other relief denied. |
| Nardelli, J.P., Andrias, Ellerin, Gonzalez, Catterson, JJ. M-3892 People ex rel. Allah, Waheem v Consilvio Writ of habeas corpus granted; matter transferred to Supreme Court, New York County, as indicated; motion otherwise denied. |
| Nardelli, J.P., Andrias, Ellerin, Gonzalez, Catterson, JJ. M-3884 Zahra v New York City Housing Authority Appeals consolidated; time to perfect same enlarged to the March 2005 Term, as indicated. |
| Nardelli, J.P., Andrias, Ellerin, Gonzalez, Catterson, JJ. M-3851 Academic Health Professionals Insurance Association, a Reciprocal Insurer v M.Q. of New York, Inc. (And other actions) Stay denied; time to perfect consolidated appeals enlarged to the June 2005 Term, with leave to seek further enlargements, as indicated. |
| Nardelli, J.P., Saxe, Sullivan, Ellerin, Sweeny, JJ. M-4081 People v Anonymous Anonymity and sealing of records granted; Clerk directed to calendar appeal under People v Anonymous. |
| Nardelli, J.P., Andrias, Ellerin, Gonzalez, Catterson, JJ. M-3839 People v Ennis, Aaron, also known as Millett, Derrick M-3890 Counsel relieved, as indicated; poor person relief previously granted continued; leave to file pro se supplemental brief denied, as premature; time to perfect appeal enlarged to the February 2005 Term. |
| Tom, J.P., Saxe, Williams, Marlow, Sweeny, JJ. M-4142 Wrubel v Rose Boutique, Inc. Stay of trial denied. |
| Tom, J.P., Lerner, Friedman, Marlow, Gonzalez, JJ. M-4111 Bistricer v Singer, Bienenstock, Zamansky, Ogele & Selengut, LLP. Stay of trial granted on condition appeal perfected for the January 2005 Term, as indicated. |
| Tom, J.P., Andrias, Saxe, Ellerin, Marlow, JJ. M-3464 DDS Partners, LLC v Celenza Amendment of the order of this Court entered April 29, 2004 (Appeal No. 2927) granted, as indicated. |
| Tom, J.P., Williams, Friedman, Marlow, Sweeny, JJ. M-3904 Luciano v Beth Israel Medical Center (And a third-party action) Appeal dismissed. |
| Tom, J.P., Saxe, Marlow, Catterson, JJ. M-3742 In the Matter of E., Diana v M., Angel Luis Leave to respond to appeal as a poor person denied, with leave to renew, as indicated. |
| Tom, J.P., Williams, Friedman, Marlow, Sweeny, JJ. M-3802 In the Matter of D., Cordero Javier; D., Dimitri Andreas; B., Jeremy - - St. Christopher's, Inc. Time to perfect appeal enlarged to the January 2005 Term. |
| Tom, J.P., Williams, Friedman, Marlow, Sweeny, JJ. M-3864 Corr v Thacker Time to perfect appeal enlarged to the January 2005 Term. |
| Tom, J.P., Williams, Friedman, Marlow, Sweeny, JJ. M-3954 In the Matter of R., Vincent - - Administration for Children's Services Time to perfect appeal enlarged to the January 2005 Term. |
| Tom, J.P., Sullivan, Williams, Lerner, Gonzalez, JJ. M-2884 HSA Residential Mortgage Services of Texas, Inc. v Stewart Title Guaranty Co. Reargument denied, as indicated. |
| Tom, J.P., Mazzarelli, Saxe, Lerner, JJ. M-2128 People v Rosario, Roberto, also known as Concepcion, Pascal Reargument denied. |
| Tom, J.P., Andrias, Sullivan, Ellerin, Williams, JJ. M-2810 Boulukos v 213 P.A.S., L.L.P. (And third-party actions) Leave to appeal to the Court of Appeals denied. |
| Tom, J.P., Saxe, Williams, Marlow, Sweeny, JJ. M-4000 Verizon New York Inc. v Broadview Networks, Inc. Stay denied. |
| Mazzarelli, J.P., Andrias, Saxe, Friedman, Catterson, JJ. M-3921 In the Matter of Lebron v Smith Leave to prosecute appeal as a poor person granted to the extent indicated; assignment of counsel denied. |
| Mazzarelli, J.P., Sullivan, Friedman, Gonzalez, Catterson, JJ. M-3959 Hale v Hale M-3961 Time to perfect appeal and cross appeal from judgment of divorce entered on or about October 28, 2003 enlarged to the February 2005 Term, for which Term plaintiff directed to perfect his consolidated appeals; dismissal of appeals denied, as indicated. |
| Mazzarelli, J.P., Sullivan, Friedman, Gonzalez, Catterson, JJ. M-4018 Donahue v Ferolito, Viltaggio & Sons Motion deemed withdrawn. |
| Mazzarelli, J.P., Saxe, Sullivan, Friedman, Gonzalez, JJ. M-2861 New York City Housing Authority v United States Underwriters Insurance Company Reargument or other relief denied. |
| Lerner, J.P., Marlow, Gonzalez, Sweeny, Catterson, JJ. M-3417Million Gold Realty, Co., Inc. v S.E. & K. Corp. Appeals dismissed. |
| Lerner, J.P., Marlow, Gonzalez, Sweeny, Catterson, JJ. M-3577Atlantic Mutual Insurance Company v The Hartford Insurance Company Appeal dismissed. |
| Lerner, J.P., Marlow, Gonzalez, Sweeny, Catterson, JJ. M-3596 In the Matter of O., Shawn, II, also known as O., Jorgi - - Graham-Windham Appeal dismissed. |
| Lerner, J.P., Marlow, Gonzalez, Sweeny, Catterson, JJ. M-3589 In the Matter of The Phoenix Insurance Company v Kantlis Appeal adjourned to December 2004 Term; motion otherwise denied. |
| Lerner, J.P., Marlow, Gonzalez, Sweeny, Catterson, JJ. M-3280 Marina Towers Associates by: Hudson Towers Co., Inc. as general partner v Stacy's Landing, also known as Steamers Landing Leave to appeal from the Appellate Term denied. |
| Lerner, J.P., Marlow, Gonzalez, Sweeny, Catterson, JJ. M-3612 In the Matter of Torres v The New York City Housing Authority Leave to prosecute proceeding as a poor person and other relief denied; proceeding dismissed. |
| Lerner, J.P., Marlow, Gonzalez, Sweeny, Catterson, JJ. M-3739 Midgett v Beth Israel Medical Center Leave to appeal from the Appellate Term and other relief denied. |
| Lerner, J.P., Marlow, Gonzalez, Sweeny, Catterson, JJ. M-3229 In the Matter of L., Eugene; L., Robert Anthony; L., Joseph - - Cardinal McCloskey Services Leave to prosecute appeal as a poor person granted, as indicated. (See M-3229A, decided simultaneously herewith.) |
| Marlow, J. M-3229A In the Matter of L., Eugene; L., Robert Anthony; L., Joseph - - Cardinal McCloskey Services Stay denied. (See M-3229, decided simultaneously herewith.) |
| Nardelli, J. M-2765 People v Anyakora, Peter Leave to appeal to this Court denied. |
| Tom, J. M-3428 People v Perez, Alberto Leave to appeal to this Court denied. |
| Tom, J. M-3430 People v Thorpe, Omar Leave to appeal to this Court denied. |
| Tom, J. M-3646 People v Faden, Howard Leave to appeal to this Court denied. |
| Tom, J. M-3893 People v Harden, Paul Leave to appeal to this Court denied. |
| Tom, J. M-3908 People v Williams, Norris Leave to appeal to the Court of Appeals granted, as indicated. |
| Tom, J. M-4082 People v Williams, Anthony Leave to appeal to this Court granted, as indicated. |
| Saxe, J. M-2894 People v Brown, John Leave to appeal to this Court granted, as indicated. |
| Gonzalez, J. M-3185 People v Brown, Rudolf Leave to appeal to this Court denied. |
| Sweeny, J. M-3109 People v Kaul, Amit Leave to appeal to this Court denied. |
| Catterson, J. M-3476 People v Maldonado, Edwin Leave to appeal to this Court denied. |
| Catterson, J. M-3819 People v Terrence, Gill, also known as Sanford, Saul Leave to appeal to this Court denied. |
| Nardelli, J.P., Tom, Sullivan, Ellerin, Williams, JJ. M-2531 In the Matter of Bruce H. Roswick (admitted as Bruce Harold Roswick) 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 January 30, 2003. Opinion Per Curiam. All concur. |
| The following orders were entered and filed on October 5, 2004: |
| Buckley, P.J., Mazzarelli, Saxe, Ellerin, Gonzalez, JJ. M-3926 In the Matter of C., Damien v S., Jennifer Leave to appeal to this Court denied. |
| Tom, J.P., Saxe, Williams, Marlow, Sweeny, JJ. M-4087 Bressler v Kalow Respondent directed to file supplemental appendix forthwith; motion otherwise denied. |