| The following orders were entered and filed on November 9, 2004: |
| Nardelli, J.P., Mazzarelli, Lerner, Friedman, Marlow, JJ. M-4232 Pedreira v Pedreira M-4543 Leave to strike respondent's brief and other relief denied; cross motion denied; all as indicated. |
| Tom, J.P., Ellerin, Williams, Lerner, Catterson, JJ. M-4630 ITT Industries, Inc. v Rayonier Inc. and John D. Feerick Stay denied. |
| Andrias, J.P., Sullivan, Ellerin, Lerner, Marlow, JJ. M-4908 Sikander v PRANA-BF Partners Stay granted to the extent of restraining defendants from alienating subject premises on condition that within 10 days of the date of entry hereof, plaintiff posts an undertaking in the amount of $l,250,000; plaintiff directed to perfect appeal for the February 2005 Term. |
| THE FOLLOWING MOTION ORDERS WERE ENTERED AND FILED ON NOVEMBER 16, 2004 |
| Buckley, P.J., Nardelli, Tom, Mazzarelli, Andrias, JJ. M-4837X Mercer Property Holdings, LLC v Rugby North America, Inc. M-4838X Levant v National Car Rental Inc. M-4885X Schechter v Bernini Construction Corp. (And other actions) M-4886X Shriber v ApartmentSource.Com, Inc., now known as MoveOnIn.Com, Inc. M-4932X Somerset Hills Consultants, Inc. v KBF Pollution Management, Inc. Appeals withdrawn. |
| Buckley, P.J., Nardelli, Tom, Mazzarelli, Andrias, JJ. M-4810 Intervale Development Corp. v Perine Appeal, previously perfected for the October 2004 Term, withdrawn. |
| Buckley, P.J., Nardelli, Tom, Mazzarelli, Andrias, JJ. M-4882 Rosner v 384 Columbus Avenue, LLC, doing business as Ocean Grill Appeal, previously perfected for the December 2004, Term, withdrawn. |
| Buckley, P.J., Nardelli, Tom, Mazzarelli, Andrias, JJ. M-4887X Lalique-New York, Inc. v Duell, LLC Appeal and cross appeal withdrawn. |
| Buckley, P.J., Nardelli, Tom, Mazzarelli, Andrias, JJ. M-4592 People v Dodja, Gina, also known as Vukdedaj, Gina M-4594 Johnson, Larry M-4595 Jones, Lenny, also known as Jones, Leonard M-4597 Mills, Theodore, also known as Mills, Theodore M. M-4598 Nelson, Kyle Derrick M-4599 Nesbitt, Ronald M-4600 Pratt, Anthony M-4602 Prudhomme, Hayward M-4603 Rosado, Antonio M-4604 Soto, Theresa M-4606 Tatulli, Frank M-4607 Vernon, Allan M-4608 Washington, William, also known as Washington, William D. Leave to prosecute appeals as poor persons granted, as indicated. |
| Buckley, P.J., Nardelli, Tom, Mazzarelli, Andrias, JJ. M-4862 People v Mendez, Bencente, also known as Mendez, Vicente Counsel substituted. |
| Buckley, P.J., Nardelli, Tom, Mazzarelli, Andrias, JJ. M-4863 People v Price, James Counsel substituted. |
| Buckley, P.J., Nardelli, Tom, Mazzarelli, Andrias, JJ. M-4864 People v White, Glenn Counsel substituted. |
| Buckley, P.J., Nardelli, Saxe, Sullivan, Gonzalez, JJ. M-3631 People v Morales, Isaac Substitution of counsel denied. |
| Buckley, P.J., Williams, Lerner, Gonzalez, Sweeny, JJ. M-4855 Scandaglia v Lynch (And a Third-Party Action) Stay denied. |
| Nardelli, J.P., Mazzarelli, Saxe, Ellerin, Marlow, JJ. M-4206 In the Matter of H., Empress Addis Ababa - - St. Vincent's, Inc. Time to perfect appeal enlarged to the March 2005 Term. |
| Nardelli, J.P., Mazzarelli, Saxe, Ellerin, Marlow, JJ. M-4233 7 Vestry LLC. v Department of Finance City of New York Time to perfect appeal enlarged to the March 2005 Term. |
| Nardelli, J.P., Mazzarelli, Saxe, Ellerin, Lerner, JJ. M-3847 People v Foxworth, Keith Appeal adjourned to the May 2005 Term. |
| Nardelli, J.P., Mazzarelli, Lerner, Friedman, Marlow, JJ. M-4557 Lipsky v Bierman Time to perfect appeal enlarged to the March 2005 Term. |
| Nardelli, J.P., Mazzarelli, Lerner, Friedman, Marlow, JJ. M-4431 Lomax v New York City Health and Hospitals Corporation Leave to prosecute appeal as a poor person granted to the extent indicated. |
| Nardelli, J.P., Mazzarelli, Lerner, Friedman, Marlow, JJ. M-3885 People ex rel. Unger, Randall D., on behalf of Cobb, Michael v Commissioner, Department of Correction Bail denied. |
| Nardelli, J.P., Mazzarelli, Lerner, Friedman, Marlow, JJ. M-4229 Modi Enterprises v ESPN, Inc. (And another action) Appeal dismissed. |
| Nardelli, J.P., Mazzarelli, Lerner, Friedman, Marlow, JJ. M-4414 In the Matter of C., Stephanie - - Cardinal McCloskey Services Appeal dismissed. |
| Nardelli, J.P., Mazzarelli, Ellerin, Williams, JJ. M-4246 People v Sherrod, Leon Motion deemed withdrawn. |
| Nardelli, J.P., Andrias, Sullivan, Williams, Friedman, JJ. M-4204 In the Matter of McK., Alicia Counsel substituted; leave to prosecute appeal as a poor person granted, as indicated. |
| Nardelli, J.P., Andrias, Sullivan, Williams, Friedman, JJ. M-4295 People v Duran, Arcenio Moving papers deemed a timely filed notice of appeal; leave to prosecute appeal as a poor person granted, as indicated. |
| Nardelli, J.P., Andrias, Sullivan, Williams, Friedman, JJ. M-4297 People v Lee, Seokbae, also known as Lee, Seok Bae 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., Andrias, Sullivan, Williams, Friedman, JJ. M-4351 People v Morris, Marvin Leave to prosecute appeal as a poor person granted to the extent indicated; time to perfect appeal enlarged to the April 2005 Term. |
| Nardelli, J.P., Andrias, Sullivan, Williams, Friedman, JJ. M-4361 People v Gomez, Harold Appeal deemed withdrawn. |
| Nardelli, J.P., Saxe, Ellerin, Gonzalez, Catterson, JJ. M-4289 In the Matter of O., Justin - - Commissioner of Social Services Appeal deemed withdrawn. |
| Nardelli, J.P., Saxe, Ellerin, Gonzalez, Catterson, JJ. M-4439 2682 Kingsbridge Associates, LLC v Martinez Leave to appeal from the Appellate Term denied. |
| Nardelli, J.P., Mazzarelli, Saxe, Friedman, Catterson, JJ. M-4950 Levine v Angsten-Fink Stay denied, with leave to renew, as indicated. |
| Tom, J.P., Saxe, Lerner, Marlow, Sweeny, JJ. M-4332 In the Matter of C., Mary-Athena A. - - Leake & Watts Services, Inc. Leave to prosecute appeal as a poor person granted, as indicated. |
| Tom, J.P., Saxe, Lerner, Marlow, Sweeny, JJ. M-4370 In the Matter of C., Yoshita L. v S., Augustin W.S., also known as S., Augustin Winston Leave to prosecute appeal as a poor person granted, as indicated. |
| Tom, J.P., Saxe, Marlow, Catterson, JJ. M-4713 In the Matter of E., Diane v M., Angel Luis Leave to respond as a poor person and related relief denied, with leave to renew; appellant's time to perfect appeal enlarged to the February 2005 Term, all as indicated. |
| Tom, J.P., Ellerin, Williams, Catterson, JJ. M-4813 Gayle v The Port Authority of New York and New Jersey CPLR 5704(a) relief denied. |
| Tom, J.P., Ellerin, Williams, Lerner, Catterson, JJ. M-4613 P.A. Building Company v The City of New York M-4823 Stay of trial and other relief denied; interim relief granted by order of a Justice of this Court, dated October 14, 2004, vacated; appeal dismissed. |
| Tom, J.P., Ellerin, Williams, Lerner, Catterson, JJ. M-4751 In the Matter of Otto v Otto Stay denied; interim relief granted by order of a Justice of this Court, dated October 21, 2004, vacated; discovery deadline extended to December 17, 2004. |
| Tom, J.P., Ellerin, Williams, Lerner, Catterson, JJ. M-4359 Seligson v Russo Stay granted on condition appeal perfected for the March 2005 Term, as indicated. |
| Tom, J.P., Ellerin, Williams, Lerner, Catterson, JJ. M-4808 Gallegos v Elite Model Management Corporation M-4854 Time to perfect appeals enlarged to the May 2005 Term. |
| Tom, J.P., Ellerin, Williams, Catterson, JJ. M-4586 Wander v Meier (And another action) Stay granted on condition appeal perfected for the February 2005 Term, as indicated. |
| Tom, J.P., Lerner, Friedman, Marlow, Gonzalez, JJ. M-4029 In the Matter of A., Felicia Counsel substituted; leave to prosecute appeal as a poor person granted, as indicated. |
| Mazzarelli, J.P., Ellerin, Lerner, Friedman, Sweeny, JJ. M-4530 People v Jones, Curtis M., also known as Jones, Curtis M., Jr. Leave to file pro se supplemental brief denied. |
| Mazzarelli, J.P., Saxe, Williams, Marlow, JJ. M-5977 Ramos v Champion Combustion, Inc. Reargument granted and upon reargument, the decision and order of this Court, entered on November 25, 2003 (Appeal No. 2313), recalled and vacated and a new decision and order substituted therefor. (See Appeal No. 2313, decided simultaneously herewith.) Motion otherwise denied. |
| Saxe, J.P., Sullivan, Marlow, Catterson, JJ. M-4089 Lissak v Cerabona Leave to appeal to the Court of Appeals denied. |
| Sullivan, J.P., Ellerin, Williams, Gonzalez, Catterson, JJ. M-4402 Escudero v Long Beach Memorial Medical Center Time to perfect appeal enlarged to the June 2005 Term. |
| Sullivan, J.P., Ellerin, Lerner, Marlow, Catterson, JJ. M-4994 Country-Wide Insurance Co. v Atlas Park, LLC Preliminary appellate injunctive relief denied. |
| Ellerin, J.P., Williams, Lerner, Marlow, JJ. M-1499 Badio v Liberty Mutual Fire Insurance Company Reargument granted and upon reargument, the decision and order of this Court, entered on March 9, 2004 (Appeal No. 3064), recalled and vacated and a new decision and order substituted therefor. (See Appeal No. 3064, decided simultaneously herewith.) |
| Lerner, J.P., Marlow, Gonzalez, Sweeny, Catterson, JJ. M-4997 Bentley v JLT Services Corporation Appeal adjourned to the January 2005 Term; motion otherwise denied, as indicated. |
| Lerner, J.P., Marlow, Gonzalez, Sweeny, Catterson, JJ. M-4393 Williams v Trust for Public Land-NY Inc., trading as Trust for Public Land Appeal dismissed. |
| Saxe, J. M-5581 People v Lee, Edward Leave to appeal to this Court denied. |
| Gonzalez, J. M-4187 People v Colon, Carlos Leave to appeal to this Court denied. |
| Mazzarelli, J.P., Saxe, Ellerin, Williams, Friedman, JJ. M-4755 In the Matter of the Application of Charles L. Shapiro, (admitted as Charles Lawrence Shapiro) a disbarred attorney: Petitioner reinstated as an attorney and counselor-at-law in the State of New York, effective the date hereof. No opinion. All concur. |