| THE FOLLOWING MOTION ORDERS WERE ENTERED AND FILED ON NOVEMBER 13, 2003 |
| Buckley, P.J., Nardelli, Tom, Mazzarelli, Andrias, JJ. M-5043X Curkin v Curkin Appeal withdrawn. |
| Buckley, P.J., Nardelli, Tom, Mazzarelli, Andrias, JJ. M-4812 (D.C. #20) People v Oppenheimer, Robert Upon the Court's own motion, appeal dismissed. |
| Buckley, P.J., Nardelli, Tom, Mazzarelli, Andrias, JJ. M-4802 (D.C. #12) People v Guerra, Jose, also known as Guerra, Jose Vincent Upon the Court's own motion, appeal dismissed. |
| Buckley, P.J., Nardelli, Tom, Mazzarelli, Andrias, JJ. M-4796 (D.C. #6) People v Chu, Charles M-4799 (D.C. #9) Garcia, Johan M-4801 (D.C. #11) Gaston, Raymond, also known as Papote, Raymond Gaston M-4807 (D.C. #15) Melendez, Ulise M-4826 (D.C. #27) Torres, Jayson M-4827 (D.C. #28) Valdez, Ramon M-4830 (D.C. #30) Williams, Kevin Upon the Court's own motions, time to perfect appeals enlarged to the March 2004 Term. |
| Buckley, P.J., Tom, Ellerin, Williams, JJ. M-4638 People v Cano, Jesus Moving papers deemed a timely filed notice of appeal. |
| Buckley, P.J., Tom, Ellerin, Williams, JJ. M-4787 Nunez v Resource Warehousing and Consolidation Appeals consolidated; time to perfect same enlarged to the March 2004 Term, as indicated. |
| Buckley, P.J., Tom, Ellerin, Williams, JJ. M-4634 People v Sessions, Leroy Notice of appeal deemed timely filed; leave to prosecute appeal as a poor person granted, as indicated. |
| Buckley, P.J., Tom, Ellerin, Williams, JJ. M-4504 People v Colon, Jose Moving papers deemed a timely filed notice of appeal; leave to prosecute appeal as a poor person granted, as indicated. |
| Buckley, P.J., Tom, Ellerin, Williams, JJ. M-4693 Prenderville v International Services Systems, Inc. Time to perfect appeal enlarged to the February 2004 Term. |
| Buckley, P.J., Tom, Ellerin, Williams, JJ. M-4691 New Street Ice Company, Inc. v New York City Department of Business Services Leave to file supplemental record granted to the extent indicated; appeal adjourned to the January 2004 Term. |
| Buckley, P.J., Mazzarelli, Ellerin, Williams, Marlow, JJ. M-4542 People v Ming, Huang Jian Transcription of minutes directed, as indicated. |
| Buckley, P.J., Rosenberger, Ellerin, Williams, Gonzalez, JJ. M-4963 Primagency, Inc. v V-Formation, Inc. Stay granted; perfected appeals deemed consolidated. |
| Buckley, P.J., Rosenberger, Ellerin, Williams, Gonzalez, JJ. M-5071 Blee v Gannon's Construction, LLC (And a Third-Party Action) Stay of proceedings, including trial, denied. |
| Nardelli, J.P., Tom, Mazzarelli, Marlow, JJ. M-5002 Jackson v Martin Druyan & Associates Stay of trial denied. |
| Nardelli, J.P., Tom, Mazzarelli, Marlow, JJ. M-5010 Poster v Poster Leave to strike defendant's brief denied. |
| Nardelli, J.P., Mazzarelli, Andrias, Sullivan, Lerner, JJ. M-4373 Torres v Morse Diesel International, Inc. (And Other Actions) Time to perfect appeal and cross appeal enlarged to the February 2004 Term. |
| Nardelli, J.P., Tom, Ellerin, Lerner, Friedman, JJ. M-4834 Trocom Construction Corp. v Consolidated Edison Company of New York, Inc. (And a Third-Party Action) Time to perfect appeal enlarged to the February 2004 Term. |
| Nardelli, J.P., Mazzarelli, Ellerin, Gonzalez, JJ. M-4575 Fleisher v Miller Time to perfect appeals and cross appeal enlarged to the February 2004 Term, as indicated. |
| Nardelli, J.P., Mazzarelli, Andrias, Sullivan, Lerner, JJ. M-4718 Stein v Stein Time to perfect appeal enlarged to the March 2004 Term. |
| Nardelli, J.P., Mazzarelli, Ellerin, Gonzalez, JJ. M-4393 In the Matter of B., Nicholas - - Administration for Children's Services Time to perfect consolidated appeals enlarged to the March 2004 Term. |
| Nardelli, J.P., Mazzarelli, Sullivan, Rosenberger, Lerner, JJ. M-4663 People v Henderson, Jerome Time to perfect appeal enlarged to the February 2004 Term. |
| Nardelli, J.P., Tom, Ellerin, Lerner, Friedman, JJ. M-4769 People ex rel. Pena, Joaquin Jr. v Johnson Writ of habeas corpus granted; matter transferred to Supreme Court, Bronx County, as indicated. |
| Nardelli, J.P., Tom, Rosenberger, Ellerin, Gonzalez, JJ. M-4312 Waldon v Little Flower Children's Service Reargument denied; leave to appeal to the Court of Appeals granted, as indicated. |
| Nardelli, J.P., Tom, Ellerin, Lerner, Friedman, JJ. M-4698 Insurance Company of North America v Emcor Group, Inc. Appeals and cross appeal adjourned to the January 2004 Term; Clerk directed to calendar appeals and cross appeal for hearing together during said Term. |
| Nardelli, J.P., Mazzarelli, Andrias, Sullivan, Lerner, JJ. M-4496 In the Matter of G., Rhonda v C., Brian Lee Sr. Leave to prosecute appeal as a poor person denied, with leave to renew, as indicated. |
| Nardelli, J.P., Mazzarelli, Sullivan, Rosenberger, Lerner, JJ. M-4565 People v Murph, Leavon Leave to prosecute appeal as a poor person granted, as indicated. |
| Nardelli, J.P., Mazzarelli, Sullivan, Rosenberger, Lerner, JJ. M-4631 People v Thomas, Kevin Eugene Notice of appeal deemed timely filed; leave to prosecute appeal as a poor person granted, as indicated. |
| Nardelli, J.P., Mazzarelli, Ellerin, Gonzalez, JJ. M-4382 People v Meyers, Jesse Enlargement of time to file pro se supplemental brief granted for the February 2004 Term, as indicated. |
| Nardelli, J.P., Mazzarelli, Ellerin, Gonzalez, JJ. M-3989 In the Matter of Hefferon, John F. III v City of New York Leave to strike petitioner's brief denied. |
| Nardelli, J.P., Andrias, Saxe, Williams, Friedman, JJ. M-3172 Damaska v Kandemir Reargument granted and upon reargument, the decision and order of this Court entered on June 24, 2003 (Appeal No. 1497), recalled and vacated and a new decision and order substituted therefor. (See Appeal No. 1497, decided simultaneously herewith.) |
| Nardelli, J.P., Andrias, Rosenberger, Friedman, JJ. M-4774 Ocwen Federal Bank FSB v Yohannes Stay denied; leave to supplement record on appeal denied. |
| Nardelli, J.P., Rosenberger, Williams, Marlow, Gonzalez, JJ. M-2984A People ex rel. Jackson, Tyrone L. v Warden Upon the Court's own motion, counsel assigned. (See this Court's order entered on August 21, 2003 [M-2984], granting leave to prosecute appeal as a poor person.) (See M-2941A and M-3189A, decided simultaneously herewith.) |
| Mazzarelli, J.P., Saxe, Williams, Marlow, Gonzalez, JJ. M-2941A People ex rel. Jackson, Tyrone L. v Warden Upon the Court's own motion, counsel assigned. (See this Court's order entered on August 21, 2003 [M-2941], granting leave to prosecute appeal as a poor person.) (See M-2984A and M-3189A, decided simultaneously herewith.) |
| Mazzarelli, J.P., Saxe, Williams, Marlow, Gonzalez, JJ. M-3189A People ex rel. Jackson, Tyrone L. v Warden Upon the Court's own motion, counsel assigned. (See this Court's order entered August 21, 2003 [M-3189], granting leave to prosecute appeal as a poor person.) (See M-2984A and M-2941A, decided simultaneously herewith.) |
| Tom, J.P., Saxe, Rosenberger, Marlow, JJ. M-3856 In the Matter of E., Diana v M., Angel Counsel assigned; expedited hearing of appeal granted, as indicated; Clerk directed to calendar appeal for hearing first day of Term for which appeal perfected. (See M-3856A, decided simultaneously herewith.) |
| Tom, J. M-3856A In the Matter of E., Diana v M., Angel Stay granted. (See M-3856, decided simultaneously herewith.) |
| Tom, J.P., Mazzarelli, Ellerin, Lerner, Marlow, JJ. M-4714 People v Rodriguez, Julio Leave to prosecute appeal as a poor person granted to the extent indicated. |
| Tom, J.P., Andrias, Saxe, Ellerin, Friedman, JJ. M-2370 People v Williams, Timothy Leave to prosecute appeal as a poor person granted, as indicated; motion otherwise denied. |
| Tom, J.P., Andrias, Saxe, Williams, JJ. M-4506 People v Espinoza, Ramon Moving papers deemed a timely filed notice of appeal; leave to prosecute appeal as a poor person granted, as indicated. |
| Tom, J.P., Andrias, Saxe, Williams, JJ. M-4434 In the Matter of M., Dyandria v Warden Writ of habeas corpus granted; matter transferred to Supreme Court, New York County, as indicated. |
| Tom, J.P., Saxe, Rosenberger, Marlow, JJ. M-4334 People v Rosario, Jose Moving papers deemed a timely filed notice of appeal; leave to prosecute appeal as a poor person denied, with leave to renew, as indicated. |
| Tom, J.P., Saxe, Sullivan, Lerner, Friedman, JJ. M-5027 Mendel v Henry Phipps Plaza West, Inc. CPLR 5704(a) relief denied. |
| Tom, J.P., Saxe, Rosenberger, Williams, Gonzalez, JJ. M-4858 Ruggeri v Sbarro, Inc. Stay granted on condition appeal perfected for the February 2004 Term, as indicated. |
| Tom, J.P., Saxe, Rosenberger, Williams, Gonzalez, JJ. M-4580 The Estate of Scheuer v City of New York (And a Third-Party Action) Appeal and cross appeals from the order entered on or about April 3, 2002 adjourned to the February 2004 Term, for which Term appeal and cross appeals from the order entered on or about February 27, 2003 to be perfected; Clerk directed to calendar appeals and cross appeals for hearing together; supplemental record submitted with moving papers deemed filed. |
| Andrias, J.P., Saxe, Sullivan, Rosenberger, Marlow, JJ. M-4022 People ex rel. Murphy, Cicero v Warden Leave to prosecute appeal as a poor person granted; enlargement of time to perfect appeal denied, all as indicated. |
| Andrias, J.P., Saxe, Williams, Marlow, Gonzalez, JJ. M-4544 People v Allman, William Notice of appeal deemed timely filed; leave to prosecute appeal as a poor person granted, as indicated. |
| Andrias, J.P., Saxe, Williams, Marlow, Gonzalez, JJ. M-4547 People v Williams, Kenray, also known as Williams, Kenroy Time to perfect appeal enlarged to the February 2004 Term. |
| Andrias, J.P., Saxe, Williams, Marlow, Gonzalez, JJ. M-4610 Excel Associates v Excelsior 57th Corp. Time to perfect appeal enlarged to the March 2004 Term. |
| Andrias, J.P., Saxe, Williams, Marlow, Gonzalez, JJ. M-4642 In the Matter of AIS, Ltd. v Aviation Investors M-4776 International Group, Ltd. Time to perfect appeals enlarged to the February 2004 Term. |
| Andrias, J.P., Ellerin, Williams, Lerner, Gonzalez, JJ. M-4067 In the Matter of D., Cordero Javier; D., Dimitri M-4332 Andreas; B., Jeremy - - St. Christopher's, Inc. Dismissal of appeal denied; leave to prosecute appeal as a poor person granted, as indicated. |
| Andrias, J.P., Ellerin, Williams, Lerner, Gonzalez, JJ. M-4241 People v Atwater, Samuel, also known as Goodman, John Leave to prosecute appeal as a poor person denied, with leave to renew, as indicated. |
| Andrias, J.P., Ellerin, Williams, Lerner, Gonzalez, JJ. M-4250 People v Ortiz, David Leave to prosecute appeal as a poor person denied, with leave to renew, as indicated. |
| Andrias, J.P., Ellerin, Williams, Lerner, Gonzalez, JJ. M-4257 People v Villalona, Erick Leave to prosecute appeal as a poor person denied, with leave to renew, as indicated. |
| Saxe, J.P., Sullivan, Rosenberger, Friedman, Gonzalez, JJ. M-5017 Elmore v Daka Management, Inc. Stay of trial and/or proceedings denied. |
| Saxe, J.P., Sullivan, Rosenberger, Friedman, Gonzalez, JJ. M-4856 Wiener v Lazard Freres & Co. Appeals consolidated; stay granted on condition consolidated appeal perfected for the March 2004 Term, as indicated. |
| Saxe, J.P., Sullivan, Rosenberger, Friedman, Gonzalez, JJ. M-4887 Green 440 Ninth LLC v Duane Reade Stay denied. |
| Saxe, J.P., Sullivan, Ellerin, Lerner, Gonzalez, JJ. M-4519 People v Fischer, Roger Notice of appeal amended, as indicated. |
| Sullivan, J.P., Rosenberger, Lerner, Friedman, Marlow, JJ. M-4436 Antollino v Hispanic Media Group USA, Inc., doing business as The Spanish Yellow Pages Dismissal of appeal denied; notice of appeal dated June 20, 2003 deemed to have been taken from the final judgment entered June 6, 2003. |
| Sullivan, J.P., Rosenberger, Lerner, Friedman, Marlow, JJ. M-4430 People v Figueroa, Lein Moving papers deemed a timely filed notice of appeal; leave to prosecute appeal as a poor person granted, as indicated. |
| Tom, J. M-4192 People v Paul, Henry Leave to appeal to this Court denied. |
| Tom, J. M-4424 People v Avincola, Luis, also known as Columbia Leave to appeal to this Court denied. |
| Ellerin, J. M-4674 C., Sheila v C., Donald M-4927 Stay granted on condition appellant continues making reduced payments; appeal adjourned to the February 2004 Term, as indicated; cross motion seeking service of a copy of the record/appendix denied. |
| Nardelli, J.P., Rosenberger, Friedman, Marlow, Gonzalez, JJ. M-2596In the Matter of Marshall C. Berger (admitted as Marshall Charles Berger), an attorney and counselor-at-law: Respondent publicly censured. Opinion Per Curiam. All concur. |
| Mazzarelli, J.P., Sullivan, Lerner, Marlow, Gonzalez, JJ. M-2686In the Matter of Andrea M. Mercado (admitted as Andrea Morgan Mercado) 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 January 17, 2002. Opinion Per Curiam. All concur. |
| THE FOLLOWING ORDERS WERE ENTERED AND FILED ON NOVEMBER 6, 2003 |
| Nardelli, J.P., Tom, Sullivan, Ellerin, Friedman, JJ. M-4329 Somoza v Pechnik M-4367 (And Another Action) Time to perfect appeal under Index No. 604393/99 enlarged to the January 2004 Term, to which Term appeal under Index No. 600344/01 adjourned; record on appeal enlarged, as indicated; Clerk directed to calendar appeals for hearing together for said Term. Dismissal of appeal under Index No. 604393/99 denied, with leave to renew, as indicated. |
| Nardelli, J.P., Mazzarelli, Sullivan, Rosenberger, Lerner, JJ. M-4562 People v Smith, Sindy Leave to file pro se supplemental brief denied. |
| Tom, J.P., Saxe, Rosenberger, Williams, Gonzalez, JJ. M-4879 People ex rel. Herzberg, Andrew v Commissioner, Department of Corrections of the City of New York Leave to be released on own recognizance or alternative relief denied. |