| THE FOLLOWING MOTION ORDERS WERE ENTERED AND FILED ON DECEMBER 16, 2004 |
| Buckley, P.J., Nardelli, Tom, Mazzarelli, Andrias, JJ. M-5201People v Espaillat, Elvin M-5243 People v Rawls, Benjamin F., III M-5330 People v McKinnon, Robert M-5333 People v Blount, Eugene M-5127X In the Matter of Vifor (International) Inc. v Luitpold Pharmaceuticals, Inc. M-5217X Marquart v Stahl (And other actions) M-5218X In the Matter of Toussaint v New York City Transit M-5223X Duke v Administrator of the Estate of Duke M-5260X In the Matter of Ryklin - Sorkin M-5355X Chertoff v Chertoff M-5356X Giustizia v Cow-Bay Contracting (And other actions) M-5357X Mercedes v Rivas; Robles v Best Lumber Corp. M-5358X 15 West 17th Street, LLC v Kelly M-5363X Mercado v Excel Group, Inc. Appeals withdrawn. |
| Buckley, P.J., Nardelli, Tom, Mazzarelli, Andrias, JJ. M-5104X Balbo Realty LLC v Button Depot, Inc. Appeal and cross appeal withdrawn. |
| Buckley, P.J., Nardelli, Tom, Mazzarelli, Andrias, JJ. M-5215 Lumbermen's Mutual Casualty Company as subrogee of Christie's Inc. v Jewel of India Restaurant, Inc., doing business as Shaan of India Restaurant (And another action) Appeal, previously perfected for the November 2004 Term, withdrawn. |
| Buckley, P.J., Nardelli, Tom, Mazzarelli, Andrias, JJ. M-4899 Century Business Credit Corporation v Nimmagadda Appeal, previously perfected for the December 2004 Term, withdrawn. |
| Buckley, P.J., Nardelli, Tom, Mazzarelli, Andrias, JJ. M-5308 Passero v The Roman Catholic Archdiocese of New York Appeal, previously perfected for the December 2004 Term, withdrawn. |
| Buckley, P.J., Nardelli, Tom, Mazzarelli, Andrias, JJ. M-5336 Chin v Rock-Forty-Ninth, Inc.; Rock-Forty-Ninth, Inc. v General Electric Company (And a fourth-party action) Appeal, previously perfected for the December 2004 Term, withdrawn. |
| Buckley, P.J., Nardelli, Tom, Mazzarelli, Andrias, JJ. M-5248 Yun v Gracie Square Hospital Appeal, previously perfected for the January 2005 Term, withdrawn. |
| Buckley, P.J., Nardelli, Tom, Mazzarelli, Andrias, JJ. M-5126 Craske v SES Properties, Inc. Appeal and cross appeal, previously perfected for the November 2004 Term, withdrawn. |
| Buckley, P.J., Nardelli, Tom, Mazzarelli, Andrias, JJ. M-5318 Surrey Hotel Associates, LLC v Woodward Affiliates, LLC Appeals and cross appeal, previously perfected for the January 2005 Term, withdrawn. |
| Buckley, P.J., Andrias, Sullivan, Ellerin, Williams, JJ. M-5073 BDO Seidman, LLP v Bloom Stay granted on condition appeal perfected for the April 2005 Term, as indicated; motion otherwise denied. |
| Buckley, P.J., Williams, Lerner, Gonzalez, Sweeny, JJ. M-4643 People v Leifman, Michael Moving papers deemed a timely filed notice of appeal; leave to prosecute appeal as a poor person granted, as indicated. |
| Buckley, P.J., Ellerin, Lerner, Marlow, Catterson, JJ. M-5030 People v Damore, Daniel, also known as D'Amore, Daniel Moving papers deemed a timely filed notice of appeal; leave to prosecute appeal as a poor person granted, as indicated. |
| Buckley, P.J., Ellerin, Lerner, Marlow, Catterson, JJ. M-5140 Haberman v Simon Time to perfect appeal enlarged to the April 2005 Term. |
| Buckley, P.J., Andrias, Sullivan, Ellerin, Williams, JJ. M-5122 People v Paniagua, Juan, also known as Paniagua, John Leave to file a pro se supplemental brief and other relief denied. |
| Nardelli, J.P., Mazzarelli, Andrias, Friedman, Gonzalez, JJ. M-4928 Bell v Kimber Manufacturing, Inc. Appeal dismissed; motion otherwise denied. |
| Nardelli, J.P., Tom, Saxe, Friedman, Sweeny, JJ. M-5090 In the Matter of Satterwhite v Hernandez Stay denied. |
| Nardelli, J.P., Andrias, Ellerin, Marlow, Sweeny, JJ. M-5106 Marjam Supply Co., Inc. v Shalimar Construction Corp. Stay denied; interim relief granted by order of a Justice of this Court, dated November 9, 2004, vacated. |
| Nardelli, J.P., Tom, Saxe, Friedman, Sweeny, JJ. M-4900 Karp v Swerdlow Time to perfect appeal enlarged to the April 2005 Term. |
| Nardelli, J.P., Tom, Saxe, Friedman, Sweeny, JJ. M-5058 Olszewski v Park Terrace Gardens, Inc. M-5235 (And a third-party action) Time to perfect appeals and cross appeals enlarged to the May 2005 Term. |
| Nardelli, J.P., Andrias, Sullivan, Williams, Friedman, JJ. M-3969 People v Figueroa, Moises Leave to appeal to this Court denied, as unnecessary; moving papers deemed a timely filed notice of appeal; defendant granted limited poor person relief, all as indicated. |
| Nardelli, J.P., Mazzarelli, Lerner, Friedman, Marlow, JJ. M-4430 People v Calderon, David Counsel substituted. |
| Nardelli, J.P., Tom, Saxe, Friedman, Sweeny, JJ. M-5125 People v Day, Phenroy, also known as Day, Phenroy, Jr. Counsel relieved; poor person relief previously granted continued; time to perfect appeal enlarged to the April 2005 Term. |
| Nardelli, J.P., Mazzarelli, Sullivan, Friedman, Gonzalez, JJ. M-4944 People v Graham, Frank, also known as Graham, Frank A. Leave to prosecute appeal as a poor person granted, as indicated. (See M-2675, decided July 22, 2004, a copy of which is annexed hereto.) |
| Nardelli, J.P., Ellerin, Williams, Lerner, Catterson, JJ. M-4812 In the Matter of Commissioner of Social Services of the City of New York as subrogee of M., Jeanette v M., Jose Reargument or other relief denied. |
| Tom, J.P., Saxe, Williams, Sweeny, Catterson, JJ. M-4868 People v Vasquez, Ernesto Moving papers deemed a timely filed notice of appeal. |
| Tom, J.P., Mazzarelli, Friedman, Gonzalez, Sweeny, JJ. M-5320 McGarr v The Guardian Life Insurance Company of America Time to perfect consolidated appeals enlarged to the March 2005 Term. |
| Tom, J.P., Williams, Friedman, Marlow, Sweeny, JJ. M-3821A People v Frazier, Darnell Moving papers deemed a timely filed notice of appeal; leave to prosecute appeal as a poor person granted, as indicated. The order of this Court entered on October 12, 2004 (M-3821) recalled and vacated. |
| Tom, J.P., Saxe, Williams, Sweeny, Catterson, JJ. M-4993 Crane v 92nd Street Properties Assoc. Leave to prosecute appeal as a poor person and other relief denied. |
| Andrias, J.P., Sullivan, Ellerin, Lerner, Marlow, JJ. M-4621 People v Mormile, Raymond Enlargement of record on appeal denied. |
| Andrias, J.P., Ellerin, Lerner, Friedman, Marlow, JJ. M-2545 People v Rivera, Eddie Writ of error coram nobis denied. |
| Sullivan, J.P., Ellerin, Lerner, Marlow, Catterson, JJ. M-4871 People v Amador, Jose Enlargement of time to file a notice of appeal and related relief denied. |
| Ellerin, J.P., Williams, Lerner, Friedman, Gonzalez, JJ. M-2842 People v Garcia-Lopez, Carlos Writ of error coram nobis denied. |
| Tom, J.P., Andrias, Saxe, Sullivan, Marlow, JJ. M-5072 In the Matter of Kirill Percy, a suspended attorney: Respondent's name stricken from the roll of attorneys and counselors-at-law in the State of New York, effective the date hereof. Opinion Per Curiam. All concur. |
| Tom, J.P., Andrias, Saxe, Williams, Sweeny, JJ. M-4935 In the Matter of Fredric J. Roth (admitted as Frederic Jay Roth), an attorney and counselor-at-law: Respondent's name stricken from the roll of attorneys and counselors-at-law in the State of New York, effective nunc pro tunc to October 20, 2004. Opinion Per Curiam. All concur. |
| The Following Orders Were Entered And Filed On December 14, 2004: |
| Tom, J.P., Andrias, Saxe, Friedman, Gonzalez, JJ. M-5430 In the Matter of Jakubowicz v A.C. Green Electrical Contractors, Inc. (And another action) Relief granted by order of a Justice of this Court, dated November 30, 2004, continued; appeal adjourned to the February 2005 Term. Respondent(s)-respondent(s) granted leave to submit a supplemental record on appeal, as indicated; motion otherwise denied. |
| Marlow, J.P., Gonzalez, Sweeny, Catterson, JJ. M-5506 Bentley v JLT Services Corporation M-5501 Appeal adjourned to the February 2005 Term; plaintiff-respondent granted leave to file a respondent's appendix, as indicated, with no further adjournments to be granted; motion and cross motion otherwise denied. |
| Lerner, J. M-4777 People v Li, Zhen Di Reargument denied. |