| THE FOLLOWING MOTION ORDERS WERE ENTERED AND FILED ON NOVEMBER 30, 2004 |
| Buckley, P.J., Tom, Andrias, Saxe, Marlow, JJ. M-4500 People v Cole, Alan Leave to prosecute appeal as a poor person granted, as indicated. |
| Buckley, P.J., Tom, Andrias, Saxe, Marlow, JJ. M-4505 People v Ellis, Christopher Leave to prosecute appeal as a poor person granted, as indicated. |
| Buckley, P.J., Tom, Saxe, Sullivan, Friedman, JJ. M-4647 People v Guzman, Primitivo Leave to prosecute appeal as a poor person granted, as indicated. |
| Buckley, P.J., Mazzarelli, Andrias, Marlow, Catterson, JJ. M-4129 People v Long, Herbert Leave to prosecute appeal as a poor person denied, with leave to renew, as indicated. |
| Buckley, P.J., Nardelli, Saxe, Sullivan, Gonzalez, JJ. M-4650 People v Fludd, Charles Leave to respond as a poor person granted, as indicated. |
| Buckley, P.J., Nardelli, Saxe, Sullivan, Gonzalez, JJ. M-4446 People v Fory, Orlando Moving papers deemed a timely filed notice of appeal; leave to prosecute appeal as a poor person granted, as indicated. |
| Buckley, P.J., Tom, Andrias, Saxe, Marlow, JJ. M-4521 People v Lopez, Jason Notice of appeal deemed timely filed; leave to prosecute appeal as a poor person granted, as indicated. |
| Buckley, P.J., Tom, Andrias, Saxe, Marlow, JJ. M-4522 People v Pinales, Manuel Notice of appeal deemed timely filed; leave to prosecute appeal as a poor person granted, as indicated. |
| Buckley, P.J., Nardelli, Saxe, Sullivan, Gonzalez, JJ. M-4571 People v Figueroa, Rafael Notice of appeal deemed timely filed; leave to prosecute appeal as a poor person granted, as indicated. |
| Buckley, P.J., Nardelli, Saxe, Sullivan, Gonzalez, JJ. M-4456 Pesochinsky v DeRosa Enlargement of time to perfect appeal denied; appeal dismissed. |
| Buckley, P.J., Williams, Lerner, Gonzalez, Sweeny, JJ. M-4878 Meling v Chatsky Time to perfect appeal enlarged to the March 2005 Term. |
| Buckley, P.J., Williams, Gonzalez, Sweeny, JJ. M-5019 Claire v O'Driscoll (And a Third-Party Action) Time to perfect appeal and cross appeal enlarged to the April 2005 Term. |
| Buckley, P.J., Nardelli, Tom, Mazzarelli, Andrias, JJ. M-4706 (D.C. #10) People v Coley, Derrick Upon the Court's own motion, counsel substituted. |
| Buckley, P.J., Nardelli, Tom, Mazzarelli, Andrias, JJ. M-4800 (D.C. #58) People v Oliveras, George Upon the Court's own motion, counsel substituted. |
| Buckley, P.J., Nardelli, Tom, Mazzarelli, Andrias, JJ. M-4803 (D.C. #61) People v Patrick, Collin Upon the Court's own motion, counsel substituted. |
| Buckley, P.J., Nardelli, Tom, Mazzarelli, Andrias, JJ. M-4826 (D.C. #73) People v Rodriguez, Manuel Upon the Court's own motion, counsel substituted. |
| Buckley, P.J., Williams, Lerner, Gonzalez, Catterson, JJ. M-4952 Wells Fargo Bank, National Association, Indenture Trustee v Stargate Films, Inc. Appeals consolidated; plaintiff directed to perfect appeal from order entered October 15, 2004 for the March 2005 Term, to which Term the perfected appeal from the order entered June 21, 2004 adjourned; Clerk directed to calendar appeals for hearing together for said Term; motion otherwise denied. |
| Buckley, P.J., Tom, Sullivan, Ellerin, Williams, JJ. M-4168 AG Capital Funding Partners, L.P. v State Street Bank and Trust Company (And Other Actions) Reargument or other relief denied. |
| Buckley, P.J., Sullivan, Williams, Friedman, JJ. M-2934 People v Martinez, Andres Writ of error coram nobis denied. |
| Nardelli, J.P., Mazzarelli, Saxe, Ellerin, Marlow, JJ. M-4198 First Wall Street Co., Ltd. v Berkshire Mortgage Finance Limited Partnership Dismissal of appeal granted to the extent of remanding the matter to the Supreme Court, New York County, for a traverse hearing, as indicated. |
| Nardelli, J.P., Tom, Ellerin, Gonzalez, JJ. M-4475 People v Wilkins, Edward Leave to prosecute appeal as a poor person granted, as indicated. |
| Nardelli, J.P., Tom, Sullivan, Ellerin, Williams, JJ. M-4477 People v Woods, Francisco Leave to prosecute appeal as a poor person denied, with leave to renew, as indicated. |
| Nardelli, J.P., Mazzarelli, Lerner, Friedman, Marlow, JJ. M-4443 People v Valdez, Pedro Moving papers deemed a timely filed notice of appeal; leave to prosecute appeal as a poor person denied, with leave to renew, as indicated. |
| Nardelli, J.P., Mazzarelli, Lerner, Friedman, Marlow, JJ. M-4444 People v Henry, Arthur Notice of appeal deemed timely filed; leave to prosecute appeal as a poor person granted, as indicated. |
| Nardelli, J.P., Mazzarelli, Saxe, Friedman, Catterson, JJ. M-4596 People v Brown, David, also known as Purter, Kenneth, also known as Rayford, David, also know as Haynesworth, Daniel Defendant directed to file pro se supplemental brief on or before January 3, 2005 for the March 2005 Term, to which Term appeal adjourned, as indicated. |
| Nardelli, J.P., Saxe, Ellerin, Gonzalez, Catterson, JJ. M-4257 People v Patrick, Anthony Counsel relieved; substitution of counsel deemed withdrawn. |
| Nardelli, J.P., Mazzarelli, Lerner, Friedman, Marlow, JJ. M-4336 People v Villanueva, Carlos, also known as Villanueva, Carlos, Jr. Substitution of counsel and other relief denied, without prejudice, as indicated. |
| Nardelli, J.P., Mazzarelli, Sullivan, Friedman, Gonzalez, JJ. M-5221 137th Street Properties, LLC v Clover Motion dismissed, as indicated. |
| Nardelli, J.P., Mazzarelli, Andrias, Friedman, Gonzalez, JJ. M-5056 WildMetro, Inc. v New York City Office of Deputy Mayor for Economic Development and Rebuilding Preliminary appellate injunction denied. |
| Nardelli, J.P., Mazzarelli, Sullivan, Williams, JJ. M-3288 People v Smalls, Eric Reargument denied. |
| Tom, J.P., Lerner, Friedman, Marlow, Gonzalez, JJ. M-3865 Washington v C.E.O. 162 Dental Practice Appeal dismissed unless perfected on or before January 3, 2005 for the March 2005 Term, as indicated. |
| Tom, J.P., Ellerin, Williams, Lerner, Catterson, JJ. M-4593 People v Escoto, Alberto Leave to prosecute appeal as a poor person granted, as indicated. |
| Tom, J.P., Ellerin, Williams, Lerner, Catterson, JJ. M-4656 Bergstrom v Plaza Construction Time to perfect appeal enlarged to the March 2005 Term. |
| Tom, J.P., Ellerin, Williams, Lerner, Catterson, JJ. M-4677 In the Matter of "P., Male", also known as P., Terry; "P., Male", also known as P., Allen; "P., Male", also know as P., Miguel; and McC., Gary Thomas -Cardinal McCloskey Children and Family Services Time to perfect appeal enlarged to the March 2005 Term. |
| Tom, J.P., Ellerin, Williams, Lerner, Catterson, JJ. M-4689 Pentheny v Chiverton Enlargement of time to perfect appeal denied; appeal dismissed. |
| Tom, J.P., Ellerin, Williams, Lerner, Catterson, JJ. M-4377 People v Buari, Calvin Time to perfect appeal enlarged to the March 2005 Term. |
| Tom, J.P., Mazzarelli, Williams, Marlow, JJ. M-95 People v Abreu, Rene Writ of error coram nobis denied. |
| Mazzarelli, J.P., Ellerin, Lerner, Friedman, Sweeny, JJ. M-4541 Chauncey v Eudan Taxi, Inc. Appeal dismissed. |
| Mazzarelli, J.P., Andrias, Saxe, Friedman, Catterson, JJ. M-4429 People v Castillo, Gerson, also known as M-4469 Castro, Gerson Leave to prosecute appeals as a poor person denied, with leave to renew, as indicated; moving papers deemed a timely filed notice of appeal from judgment rendered on or about March 22, 2004. |
| Mazzarelli, J.P., Andrias, Saxe, Friedman, Catterson, JJ. M-4634 People v Lopez, Ricardo, also known as Lopez, Carlos Leave to prosecute appeal as a poor person granted, as indicated. |
| Mazzarelli, J.P., Andrias, Saxe, Friedman, Catterson, JJ. M-4635 People v Sylvain, Fritz Leave to prosecute appeal as a poor person granted, as indicated. |
| Mazzarelli, J.P., Andrias, Saxe, Friedman, Catterson, JJ. M-4691 People v Johnson, William Leave to prosecute appeal as a poor person granted, as indicated. |
| Mazzarelli, J.P., Andrias, Saxe, Friedman, Catterson, JJ. M-4722 People v Caba, Angel Leave to prosecute appeal as a poor person granted, as indicated. |
| Mazzarelli, J.P., Andrias, Friedman, Marlow, Sweeny, JJ. M-4422 Fisher v St. Vincent's Hospital Time to perfect appeals enlarged to the May 2005 Term. |
| Andrias, J.P., Lerner, Friedman, Marlow, JJ. M-4296 People v McLamb, Jefferson Leave to prosecute appeal as a poor person and other relief denied; appeal dismissed. |
| Andrias, J.P., Sullivan, Ellerin, Lerner, Marlow, JJ. M-4572 People v Salas, Eric Leave to prosecute appeal as a poor person granted, as indicated. |
| Andrias, J.P., Williams, Lerner, Friedman, Marlow, JJ. M-3231 In re 721 Ninth Avenue, LLC v New York State Division of Housing and Community Renewal Reargument denied. |
| Andrias, J.P., Saxe, Williams, Marlow, Gonzalez, JJ. M-3102 People v Montero, Edward, also known as Vasquez, Anthony Writ of error coram nobis denied. |
| Lerner, J.P., Marlow, Gonzalez, Sweeny, Catterson, JJ. M-3486 Mazzoni v Central Elevator, Inc. Stay granted on condition appeal perfected for the March 2005 Term, as indicated. Buckley, P.J. M-4675 People v Watkins, Cathy Leave to appeal to this Court denied. |
| Andrias, J. M-5289 People v Hill, Lewis Leave to appeal to the Court of Appeals granted. |
| Sullivan, J. M-4171 Hernandez v Robles Leave to appeal to this Court denied. Ellerin, J. M-1109 People v Fermin, Oswald M-3629 Lewis, Jack M-3820 Ferguson, James M-3838 Jefferson, John M-3957 Perez, Sergio Leave to appeal to this Court denied. |
| Williams, J. M-3510 People v Ramirez, Javier Leave to appeal to this Court denied. |
| Williams, J. M-4574 People v Velez, Jose 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-4982William Henderson Woolverton, admitted October 27, 1980, at a Term of the Appellate Division, First 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, Saxe, Ellerin, Williams, JJ. In the Matter of Attorneys Who Are in Violation of Judiciary Law Section 468-a: M-5136 Gary Rufus Rotenberg admitted on October 13, 1976 at a Term of the Appellate Division, Second Department Respondent reinstated as an attorney and counselor-at-law in the State of New York, effective the date hereof. No opinion. All concur. |
| The following order was entered and filed on November 24, 2004: |
| Nardelli, J.P., Mazzarelli, Sullivan, Friedman, Gonzalez, JJ. M-5071 Verizon-New York, Inc. v Reckson Associates Realty Corp. (And Other Actions) Stay of trial granted. Republished/Corrected Order released November 23, 2004: |
| Tom, J.P., Williams, Lerner, Catterson, JJ. M-4359 Seligson v Russo Stay granted on condition appeal perfected for the March 2005 Term, as indicated. |