| THE FOLLOWING MOTION ORDERS WERE ENTERED AND FILED ON November 4, 2004 |
| Buckley, P.J., Nardelli, Tom, Mazzarelli, Andrias, JJ. M-4679X 117 West 72nd Street LLC v 121 West 72nd Street Owners Corporation M-4680X Cardarelli v The Related Companies, Inc. M-4694X Donovan v Rothman M-4695X Custodio v Homeric Contracting Co., Inc. M-4696X Tineo v Cisneros Appeals withdrawn. |
| Buckley, P.J., Nardelli, Tom, Mazzarelli, Andrias, JJ. M-4567 United Airconditioning Corp. II v C. Raimondo & Sons Construction Co., Inc. Appeals, previously perfected for the November 2004 Term, withdrawn. |
| Buckley, P.J., Nardelli, Andrias, Saxe, Lerner, JJ. M-3834 People v Mohan, Anthony Appeal dismissed. |
| Buckley, P.J., Mazzarelli, Andrias, Marlow, Catterson, JJ. M-4006 In the Matter of Smith v Goodman Disclosure pursuant to Judiciary Law § 509 denied. |
| Buckley, P.J., Mazzarelli, Andrias, Williams, Sweeny, JJ. M-4192 In the Matter of A., Sam, also known as A., Samdell, also known as P., Sam, also known as P., Samdell -Little Flower Children's Services Leave to prosecute appeal as a poor person granted, as indicated. |
| Buckley, P.J., Lerner, Friedman, Marlow, Sweeny, JJ. M-3899 People v Scullark, Norman Transcription of minutes directed, as indicated; appeal adjourned to the May 2005 Term; motion otherwise denied. |
| Buckley, P.J., Mazzarelli, Andrias, Marlow, Catterson, JJ. M-4215 Hyatt v Metro-North Commuter Railroad Time to perfect appeal enlarged to the February 2005 Term. |
| Buckley, P.J., Nardelli, Saxe, Sullivan, Gonzalez, JJ. M-4817 Fine v 2 Tudor City Tenants Corp. Stay of trial granted on condition appeal perfected for the February 2005 Term, as indicated. |
| Buckley, P.J., Nardelli, Andrias, Saxe, Ellerin, JJ. M-3801 In the Matter of K., Tristram -K., Jing (And other actions) Appeals consolidated; poor person relief previously granted continued, as indicated. Time to perfect consolidated appeals enlarged to the March 2005 Term; motion otherwise denied. (See M-3801A and M-4455 decided simultaneously herewith). Buckley, P.J. M-3801A In the Matter of K., Tristram -K. Jing (And other actions) Stay denied. (See M-3801, decided simultaneously herewith). |
| Mazzarelli, J.P., Williams, Friedman, Gonzalez, Catterson, JJ. M-4455 In the Matter of K., Tristram v K., Ging (And other Actions) Time to perfect consolidated appeals enlarged to the March 2005 Term. (See M-3801/M-3801A, decided simultaneously herewith). |
| Nardelli, J.P., Andrias, Sullivan, Williams, Friedman, JJ. M-3906 Arez v Twin Parks Northeast Houses, Inc. Appeal dismissed. |
| Nardelli, J.P., Mazzarelli, Saxe, Ellerin, Marlow, JJ. M-4255 People v Torres, Eddie Leave to prosecute appeal as a poor person granted, as indicated. |
| Nardelli, J.P., Saxe, Ellerin, Gonzalez, Catterson, JJ. M-4277 In the Matter of Powell v Bernhardt Leave to prosecute appeal as a poor person granted to the extent indicated; time in which to perfect said appeal enlarged to on or before January 3, 2005 for the March 2005 Term. |
| Nardelli, J.P., Mazzarelli, Saxe, Ellerin, Marlow, JJ. M-4169 Kashelkar v Dave M-4170 Time to perfect consolidated appeals and appeal enlarged to the May 2005 Term; Clerk directed to calendar same for hearing together in said Term. |
| Nardelli, J.P., Andrias, Sullivan, Williams, Friedman, JJ. M-4190 In the Matter of F., Manuel; G., Dominique; P., Aaron; P., Ariel; S., Devina -Administration for Children's Services Time to perfect appeals enlarged to the March 2005 Term. Family Court directed to conduct reconstruction hearing; Clerk directed to transcribe minutes of proceedings, all as indicated. |
| Nardelli, J.P., Saxe, Ellerin, Gonzalez, Catterson, JJ. M-4261 S., Cindy v S., Hillard Enlargement of time to perfect appeal denied; appeal dismissed. |
| Nardelli, J.P., Andrias, Sullivan, Williams, Friedman, JJ. M-4314 In the Matter of H., Robert Time to perfect appeal enlarged to the March 2005 Term. |
| Nardelli, J.P., Andrias, Sullivan, Williams, Friedman, JJ. M-4320 Rivera v 4064 Realty Co. (And a Third-Party Action) Time to perfect appeal enlarged to the March 2005 Term. |
| Nardelli, J.P., Saxe, Ellerin, Gonzalez, Catterson, JJ. M-4334 State Division of Human Rights v ARC XVI Inwood, Inc. Time to perfect proceeding enlarged to the March 2005 Term. |
| Nardelli, J.P., Mazzarelli, Lerner, Friedman, Marlow, JJ. M-4404 Allstate Insurance Company v Kranis Time to perfect appeal enlarged to the March 2005 Term. |
| Nardelli, J.P., Mazzarelli, Saxe, Ellerin, Marlow, JJ. M-4114 People v Turane, Trumaine Moving papers deemed a timely filed notice of appeal; leave to prosecute appeal as a poor person granted, as indicated. |
| Nardelli, J.P., Saxe, Ellerin, Gonzalez, Catterson, JJ. M-4231 People v Rosado, Odalis Time to perfect appeal enlarged to the March 2005 Term; substitution of counsel denied; counsel directed to obtain transcript from District Attorney. |
| Nardelli, J.P., Andrias, Ellerin, Gonzalez, Catterson, JJ. M-3839A People v Ennis, Aaron, also known as M-3890AMillett, Derrick Retained counsel deemed discharged; counsel substituted. Poor person relief previously granted continued; time to perfect appeal enlarged to the February 2005 Term. Leave to file pro se supplemental brief denied; order of this Court entered October 7, 2004 (M-3839/M-3890) recalled and vacated. |
| Nardelli, J.P., Saxe, Sullivan, Ellerin, Sweeny, JJ. M-4095 People v Farrell, Dennis Counsel substituted. |
| Nardelli, J.P., Andrias, Sullivan, Ellerin, JJ. M-4245 The Estate of Scheuer v City of New York M-4346 (And another Action) Leave to appeal to the Court of Appeals denied. |
| Nardelli, J.P., Saxe, Ellerin, Gonzalez, Catterson, JJ. M-4107 In the Matter of Fasal v 105 East 19th Apartment Corp. Stay denied. |
| Nardelli, J.P., Andrias, Sullivan, Williams, Friedman, JJ. M-3793 Garrett v NYC Health & Hospitals Corporation M-4284 Stay denied. Accounting of funds and related relief denied. |
| Nardelli, J.P., Mazzarelli, Lerner, Friedman, Marlow, JJ. M-4315 Suh v Fleet Bank, N.A. M-4410 Stay of trial granted on condition appeal perfected for the February 2005 Term, as indicated. |
| Nardelli, J.P., Mazzarelli, Andrias, Gonzalez, Sweeny, JJ. M-3975 Berliner v Peerless Importers, Inc. Leave to appeal to the Court of appeals denied. |
| Tom, J.P., Sullivan, Lerner, Gonzalez, Catterson, JJ. M-4148 In the Matter of H., Tyreese, also known as H., Tyreese Eric, also known as H., Tyrice, also known as H., Tyrese, also known as H., Tyresese -Angel Guardian Children and Family Services Appeal dismissed. |
| Tom, J.P., Andrias, Sullivan, Ellerin, Sweeny, JJ. M-4028 Risko v Alliance Builders Corp. M-4291 Zaher v Shopwell, Inc. M-4373 Guglich v Pearl M-4374 In the Matter of D., Manuel Time to perfect appeals enlarged to the March 2005 Term. |
| Tom, J.P., Lerner, Friedman, Marlow, Gonzalez, JJ. M-4125 People v Espinal, Ramon, also known as Dominguez, Antonio Enlargement of time to file notice of appeal denied, as indicated. |
| Tom, J.P., Ellerin, Lerner, Marlow, JJ. M-2592 Anderson v Hill Reargument or other relief denied. |
| Tom, J.P., Andrias, Lerner, Friedman, Marlow, JJ. M-4001 Serio v PricewaterhouseCoopers LLP Leave to appeal to the Court of Appeals denied. |
| Mazzarelli, J.P., Williams, Friedman, Gonzalez, Catterson, JJ. M-4560 Davidoff & Malito LLP v Stone Time to perfect appeal enlarged to the February 2005 Term. |
| Mazzarelli, J.P., Ellerin, Lerner, Friedman, Sweeny, JJ. M-4785 Knox v HSBC Bank USA Time to perfect appeal enlarged to the February 2005 Term. |
| Mazzarelli, J.P., Ellerin, Lerner, Friedman, Sweeny, JJ. M-4470 Zaid Theatre Corp. v Sona Realty Co. Preliminary appellate injunctive relief granted on condition appeal perfected for the February 2005 Term, as indicated. |
| Mazzarelli, J.P., Ellerin, Lerner, Friedman, Sweeny, JJ. M-4520 Eins v Zimmer Stay of trial granted. |
| Mazzarelli, J.P., Saxe, Sullivan, Friedman, Gonzalez, JJ. M-3750 Yardeni v Manhattan Eye, Ear and Throat Hospital Reargument or other relief denied. |
| Andrias, J.P., Saxe, Ellerin, Lerner, Friedman, JJ. M-2946 Salamone v Wincaf Properties, Inc. (And other Actions) Reargument or other relief denied. |
| Lerner, J.P., Marlow, Gonzalez, Sweeny, Catterson, JJ. M-3485 In the Matter of S., Lucia Laura, also known as P., Lucia -Leake and Watts Services, Inc. Leave to prosecute appeal as a poor person granted, as indicated. (See M-3485A, decided simultaneously herewith). |
| Catterson, J. M-3485A In the Matter of S., Lucia Laura, also known as P., Lucia -Leake and Watts Services, Inc. Stay denied. (See M-3485, decided simultaneously herewith). Buckley, P.J. M-4193 People v Cruz, Ramon Leave to appeal to this Court denied. |
| Saxe, J. M-3447 People v Burgos, Edwin Leave to appeal to this Court denied. |
| Williams, J. M-4327 People v Smith, Karl Leave to appeal to this Court denied. |
| Lerner, J. M-4325 People v Stephens, Cornelius Leave to appeal to this Court denied. |
| Catterson, J. M-4188 People v Sanders, Gregory Leave to appeal to this Court and related relief denied. |
| Nardelli, J.P., Tom, Sullivan, Ellerin, Williams, JJ. M-2417 In the Matter of Thomas O'Toole, a suspended attorney: Respondent publicly censured. Opinion Per Curiam. All concur. |
| Mazzarelli, J.P., Sullivan, Friedman, Gonzalez, Catterson, JJ. M-3799 In the Matter of Armando A. Crescenzi (admitted as Armando Anthony Crescenzi), an attorney and counselor-at-law: Respondent suspended from the practice of law in the State of New York, effective immediately, until such time as disciplinary matters pending before the Committee have been concluded and until further order of this Court. Opinion Per Curiam. All concur. |
| The following order was entered and filed on October 28, 2004: |
| Nardelli, J.P., Mazzarelli, Saxe, Ellerin, Marlow, JJ. M-4328 Humphrey & Humphrey, Inc. v Universal Bonding Insurance Company (And a Third-Party Action) Stay denied; interim relief granted by order of a Justice of this Court, dated September 28, 2004, vacated; appeal dismissed, all as indicated. |
| The following order was entered and filed on October 29, 2004: |
| Sullivan, J.P. Ellerin, Williams, Gonzalez, Catterson, JJ. M-4401 Stella v Stella Judgment deemed stayed, as indicated. |