| The following order was entered and filed on August 12, 2004 |
| Lerner, J.P., Marlow, Gonzalez, Sweeny, Catterson, JJ. M-3465 Vick v Albert Preference granted; Clerk directed to calendar appeal for hearing in the first week of the September 2004 Term. |
| THE FOLLOWING MOTION ORDERS WERE ENTERED AND FILED ON AUGUST 19, 2004 |
| Buckley, P.J., Nardelli, Tom, Mazzarelli, Andrias, JJ. M-3164X Reid v Reid M-3204X Miller v 982 Realty Corp. M-3205X Gort v KIC-1, L.L.C. M-3312X Ramirez v Primrose Cricket Rose, Inc. (And A Third-Party Action) M-3329X Chokhavatia v The City of New York M-3345X Shinko American Inc. v Finova Capital Corporation M-3346X In the Matter of The Hanover Insurance Company v Cooper M-3316 People v Vargas, Angel Appeals withdrawn. |
| Buckley, P.J., Nardelli, Tom, Mazzarelli, Andrias, JJ. M-3208 Greenfield v Macherich Queens Limited Partnership (And a Third-Party Action) Appeal, previously perfected for the September 2004, withdrawn. |
| Buckley, P.J., Nardelli, Tom, Mazzarelli, Andrias, JJ. M-3299 Aberbach v Zurich American Insurance Company Appeal, previously perfected for the September 2004, withdrawn. |
| Nardelli, J.P., Tom, Sullivan, Ellerin, Williams, JJ. M-2669 Kassis v Teacher's Insurance and Annuity Association M-2949 (And a Third-Party Action) M-2914 Dismissal of appeal or other relief denied; notice of appeal from subsequent judgment deemed timely filed, as indicated; plaintiff-appellant directed to perfect the appeal for the December 2004 Term. |
| Nardelli, J.P., Tom, Sullivan, Ellerin, Williams, JJ. M-2690A People v Ramos, William Leave to file pro se supplemental brief denied; appeal adjourned to the November 2004 Term. The order of this Court entered on July 8, 2004 (M-2690) recalled and vacated. |
| Tom, J.P., Andrias, Saxe, Ellerin, Marlow, JJ. M-2682 Toure v Harrison Leave to appeal to the Court of Appeals denied. |
| Tom, J.P., Mazzarelli, Andrias, Ellerin, Lerner, JJ. M-3119 Cron v Cron M-3270 Reargument or other relief denied. |
| Mazzarelli, J.P., Andrias, Saxe, Friedman, Catterson, JJ. M-2031 Batista v Furgiuele Appeal from the order entered on or about March 3, 2004 dismissed. |
| Mazzarelli, J. P., Andrias, Saxe, Friedman, Catterson, JJ. M-2947 People ex rel. Megaro, Patrick v Walsh Dismissal of appeal denied, as indicated. |
| Mazzarelli, J.P., Andrias, Saxe, Friedman, Catterson, JJ. M-2983 Hiciano v Payless Shoesource, Inc., doing business as Payless Shoe Store Dismissal of appeal denied, as indicated. |
| Mazzarelli, J.P., Andrias, Saxe, Friedman, Catterson, JJ. M-3060 Poulas v James Lenox House, Inc. Dismissal of appeal denied; respondent directed to re-submit the 10 boxes of exhibits to the Clerk of this Court to be included as part of the appeal. |
| Mazzarelli, J.P., Andrias, Saxe, Friedman, Catterson, JJ. M-3054 People v Castillo, Gerson Enlargement of time to file notice of appeal and other relief denied, with leave to renew, as indicated. |
| Mazzarelli, J.P., Andrias, Saxe, Friedman, Catterson, JJ. M-3040 People v Cole, Marlon Leave to prosecute appeal as a poor person denied, with leave to renew, as indicated. |
| Mazzarelli, J.P., Andrias, Saxe, Friedman, Catterson, JJ. M-3047 People v Sylvain, Fritz Leave to prosecute appeal as a poor person denied, with leave to renew, as indicated. |
| Mazzarelli, J.P., Andrias, Saxe, Friedman, Catterson, JJ. M-3046 People v Santana, Diego Leave to prosecute appeal as a poor person denied, with leave to renew, as indicated. |
| Mazzarelli, J.P., Andrias, Saxe, Friedman, Catterson, JJ. M-3044 People v Reyes, Jose Leave to prosecute appeal as a poor person granted, as indicated. |
| Mazzarelli, J.P., Andrias, Saxe, Friedman, Catterson, JJ. M-3051 People v Rodriguez, Erick Notice of appeal deemed timely filed; leave to prosecute appeal as a poor person granted, as indicated. |
| Mazzarelli, J.P., Andrias, Saxe, Friedman, Catterson, JJ. M-3038 People v Mendez, Bencente, also known as Mendez, M-2712 Vicente Leave to prosecute appeal as a poor person granted, as indicated; dismissal of appeal denied. |
| Mazzarelli, J.P., Andrias, Saxe, Friedman, Catterson, JJ. M-3122 Banca Di Roma v Mutual of America Life Insurance Company, Inc. (And Other Actions) M-3142 In the Matter of H., Jerome M-3143 In the Matter of R., Alexis M-3191 People v Parks, Corey Time to perfect appeals enlarged to the November 2004 Term. |
| Mazzarelli, J.P., Andrias, Saxe, Friedman, Catterson, JJ. M-2955 People v Sloan, Allen Time to perfect appeal enlarged to the December 2004 Term. |
| Mazzarelli, J.P., Andrias, Saxe, Friedman, Catterson, JJ. M-3008 Friedman v Connecticut General Life Insurance Company Time to perfect appeal enlarged to the December 2004 Term. |
| Mazzarelli, J.P., Andrias, Saxe, Friedman, Catterson, JJ. M-3093 In the Matter of C., Isaac v R., Veronica Time to perfect appeal enlarged to the December 2004 Term; transcription of minutes directed, as indicated. |
| Mazzarelli, J.P., Andrias, Saxe, Friedman, Catterson, JJ. M-3072 In the Matter of R., Matthew - - McK., Robin Time to perfect appeal enlarged to the January 2005 Term. |
| Mazzarelli, J.P., Andrias, Saxe, Friedman, Catterson, JJ. M-3049 Greenfield v Philles Records, Inc. M-3114 Time to perfect appeal enlarged to October 4, 2004; defendants-respondents directed to serve and file their respondent's brief on or before December 6, 2004, as indicated; Clerk directed to calendar the appeal for hearing during the January 2005 Term. |
| Mazzarelli, J.P., Andrias, Saxe, Friedman, Catterson, JJ. M-3069 405 Lexington, L.L.C. v Duane Reade (And Another Action) Time to perfect appeal and cross appeal enlarged to the February 2005 Term. |
| Mazzarelli, J.P., Andrias, Saxe, Friedman, Catterson, JJ. M-3153 People v Lineberger, Jerry M-3271 Transcription of minutes directed; time to perfect the consolidated appeal enlarged to the December 2004 Term. |
| Mazzarelli, J.P., Andrias, Saxe, Friedman, Catterson, JJ. M-3199 Nonnon v The City of New York (And Other Actions) Appeals consolidated; same deemed perfected for the September 2004 Term. |
| Mazzarelli, J.P., Andrias, Saxe, Friedman, Catterson, JJ. M-2895 People v Jones, Damien Appeals consolidated; notice of appeal from the judgment rendered on or about May 9, 2003, under Ind. No. 6106/02 deemed timely filed; poor person relief previously granted by order of this Court entered on July 24, 2003 (M-3057) extended. |
| Mazzarelli, J.P., Andrias, Saxe, Friedman, Catterson, JJ. M-3063 In the Matter of Bombardier Transportation (Holdings)USA, Inc. v Telephonics Corporation Stay granted on condition appeal perfected for the December 2004 Term, as indicated. |
| Mazzarelli, J.P., Andrias, Saxe, Friedman, Catterson, JJ. M-3065 Byrnes v La Cote Gasque, Inc. Stay and other relief denied. |
| Mazzarelli, J.P., Andrias, Saxe, Friedman, Catterson, JJ. M-3077 Special Touch Home Care Services, Inc. v Cabrini Medical Center Stay granted on condition appeal perfected for the December 2004 Term, as indicated. |
| Mazzarelli, J.P., Andrias, Saxe, Friedman, Catterson, JJ. M-2883 New York City Housing Authority v Lugo Leave to appeal from the Appellate Term denied. |
| Mazzarelli, J.P., Andrias, Saxe, Friedman, Catterson, JJ. M-2974 Chelsea Piers, L.P. v Chelsea Brewing Company, LLC Leave to appeal from the Appellate Term denied. |
| Mazzarelli, J.P., Williams, Friedman, Gonzalez, JJ. M-1472 Coney Island Resorts, Inc. v The City of New York Reargument or other relief denied. |
| Andrias, J.P., Ellerin, Williams, Lerner, Gonzalez, JJ. M-516 Matrix Capital Bank v Maniar M-1477 Motion for reargument withdrawn; motion for clarification granted to the extent indicated. |
| Andrias, J.P., Ellerin, Lerner, Gonzalez, JJ. M-2419 Leeds v Lenox Hill Hospital Reargument or other relief denied. |
| Ellerin, J.P., Williams, Lerner, Marlow, JJ. M-2984 Curry v Common Ground Community, H.D.F.C., Inc. Reargument denied. |
| Lerner, J.P., Marlow, Gonzalez, Sweeny, Catterson, JJ. M-3319 Frimpong-Manson v McKenna Leave to withdraw as attorney of record granted, as indicated; time to perfect appeal enlarged to the December 2004 Term. |
| Lerner, J.P., Marlow, Gonzalez, Sweeny, Catterson, JJ. M-3320 People v Moni, Mario Leave to file pro se supplemental brief denied. |
| Lerner, J.P., Marlow, Gonzalez, Sweeny, Catterson, JJ. M-3321 Martin Motor Sales, Inc., doing business as Martin Manhattan Volvo v Anglero Dismissal of appeal granted to the extent indicated; plaintiff-appellant to serve and file addendum to the record on appeal; appeal adjourned to the November 2004 Term. |
| Lerner, J.P., Marlow, Gonzalez, Sweeny, Catterson, JJ. M-3339 Beneventine v Beneventine Counsel relieved; appeal adjourned to the December 2004 Term. |
| Lerner, J.P., Marlow, Gonzalez, Sweeny, Catterson, JJ. M-3341 Schrage v Hatzlacha Cab Corporation Plaintiffs directed to file 10 copies of a supplemental appendix, as indicated; appeal adjourned to the November 2004 Term; motion otherwise denied. |
| Lerner, J.P., Marlow, Gonzalez, Sweeny, Catterson, JJ. M-3391 People v Morris, Marvin Time to perfect appeal enlarged to the November 2004 Term. |
| Lerner, J.P., Marlow, Gonzalez, Sweeny, Catterson, JJ. M-3412 In the Matter of McA., Juliet - - Commissioner of the Administration for Children's Services Time to file respondent's brief enlarged to on or before November 3, 2004 for the December 2004 Term, to which Term appeal adjourned, as indicated. |
| Lerner, J.P., Marlow, Gonzalez, Sweeny, Catterson, JJ. M-3415 Sharp v Henriques Stay denied. |
| Lerner, J.P., Marlow, Gonzalez, Sweeny, Catterson, JJ. M-3421 In the Matter of Rosa v The City University of New York Appeal adjourned to the November 2004 Term. |
| Lerner, J.P., Marlow, Gonzalez, Sweeny, Catterson, JJ. M-3434 Donovan v The City of New York Time to perfect appeal enlarged to the December 2004 Term. |
| Lerner, J.P., Marlow, Gonzalez, Sweeny, Catterson, JJ. M-3441 Parametric Capital Management, LLC v Lacher Stay denied. |
| Sweeny, J. M-3105 People v Huggins, Kirt Leave to appeal to this Court denied. |
| Sweeny, J. M-3107 People v Washington, Jeffrey Leave to appeal to this Court denied. |