| THE FOLLOWING MOTION ORDERS WERE ENTERED AND FILED ON OCTOBER 26, 2004 |
| Buckley, P.J., Nardelli, Tom, Mazzarelli, Andrias, JJ. M-4490X Thimmesch v Gray M-4491X Great Northern Insurance Company, as subrogee of Siroto v Massaro Bros. Inc. M-4492X Bangser Klein Rocca & Blum LLP v Park River Owners Corp. (And a third-party action) M-4493X Gentile v Turin House Development Fund, Inc. (And a third-party action) M-4494X Soto v Estate of Ziess M-4495X Huang v The New York City Transit Authority M-4517X Bautista v Casado M-4564 People v Johnson, Juan Appeals withdrawn. |
| Buckley, P.J., Nardelli, Andrias, Saxe, Lerner, JJ. M-3727 Sands Brothers & Co., Ltd. v Barkow Motion deemed withdrawn. |
| Buckley, P.J., Mazzarelli, Andrias, Williams, Sweeny, JJ. M-4180 Mendoza v American Country Insurance Company Dismissal of appeal denied, as indicated. |
| Buckley, P.J., Mazzarelli, Andrias, Williams, Sweeny, JJ. M-4201 343-5 Bleeker Street, LLC, by Estate of Gottlieb by M-4216 Bender v Chow M-4340 Time to perfect all appeals enlarged to the March 2005 Term. |
| Buckley, P.J., Mazzarelli, Andrias, Williams, Sweeny, JJ. M-4225 In the Matter of The S. Children - - Administration for Children's Services Transcription of proceedings denied, with leave to renew, as indicated. |
| Buckley, P.J., Mazzarelli, Andrias, Williams, Sweeny, JJ. M-4240 People v Miller, Elleheim, also known as Miller, Elloheim Pro se supplemental brief deemed filed for the February 2005 Term, to which Term appeal adjourned. |
| Buckley, P.J., Mazzarelli, Andrias, Williams, Sweeny, JJ. M-4227 People v Zuga, William Leave to file pro se supplemental brief granted for the February 2005 Term, to which Term appeal adjourned. |
| Buckley, P.J., Mazzarelli, Andrias, Williams, Sweeny, JJ. M-4203 In the Matter of O'Neill v Krebs Communications Corp. Stay denied. Buckley, P.J., Mazzarelli, Andrias, Marlow, Catterson, JJ M-4075 People v Jackson, Shamar Leave to prosecute appeal as a poor person granted, as indicated. |
| Buckley, P.J., Mazzarelli, Andrias, Marlow, Catterson, JJ. M-4139 People v Rosenberg, Jeanyl Leave to prosecute appeal as a poor person granted, as indicated. |
| Buckley, P.J., Mazzarelli, Andrias, Marlow, Catterson, JJ. M-4020 Doherty v The City of New York M-4316(And a third-party action) Appeal(s) dismissed unless perfected for the February 2005 Term, as indicated; enlargement of time to perfect same granted accordingly. |
| Buckley, P.J., Williams, Lerner, Marlow, JJ. M-4090 People v Outerbridge, Michael Leave to prosecute appeal as a poor person granted, as indicated. |
| Nardelli, J.P., Mazzarelli, Saxe, Ellerin, Marlow, JJ. M-4285 People v Santer, Frantz Moving papers deemed a timely filed notice of appeal. |
| Nardelli, J.P., Mazzarelli, Saxe, Ellerin, Marlow, JJ. M-4179 504 West 22nd Street Corporation v Shields Time to perfect consolidated appeals enlarged to the April 2005 Term. |
| Nardelli, J.P., Mazzarelli, Saxe, Ellerin, Marlow, JJ. M-4210 In the Matter of L'Elie v Kelly Time to perfect appeal enlarged to the March 2005 Term. |
| Nardelli, J.P., Mazzarelli, Saxe, Ellerin, Marlow, JJ. M-4047 Grace v Beth Israel Medical Center Stay denied. |
| Nardelli, J.P., Mazzarelli, Saxe, Ellerin, Marlow, JJ. M-4101 Kim v The New York City Transit Authority Appeals consolidated; time to perfect same enlarged to the March 2005 Term. |
| Nardelli, J.P., Mazzarelli, Saxe, Ellerin, Marlow, JJ. M-4037 In the Matter of S., Thomas v S., Virginia Appeals consolidated; poor person relief previously granted continued. |
| Nardelli, J.P., Mazzarelli, Saxe, Ellerin, Marlow, JJ. M-4189 In the Matter of H., Kwesi; H., Menelik; H., Judinyah - - Commissioner of Social Services Time to perfect appeals enlarged to the March 2005 Term; Clerk directed to calendar appeals for hearing together during said Term. |
| Nardelli, J.P., Mazzarelli, Saxe, Lerner, JJ. M-3480 DeMicco Bros., Inc. v Consolidated Edison Company of M-3661 New York, Inc. Stay granted pending decision of the Court of Appeals; motions otherwise denied. |
| Nardelli, J.P., Saxe, Sullivan, Ellerin, Sweeny, JJ. M-4093 People v Colina, Sandro Notice of appeal deemed timely filed; leave to prosecute appeal as a poor person granted, as indicated. |
| Nardelli, J.P., Saxe, Sullivan, Ellerin, Sweeny, JJ. M-4094 People v Davis, Sylvester Counsel substituted; appeals consolidated; poor person relief previously granted continued. |
| Nardelli, J.P., Saxe, Sullivan, Ellerin, Sweeny, JJ. M-4098 People v Palmer, Russell Leave for an order directing issuance of a certain written decision denied, as indicated. |
| Nardelli, J.P., Saxe, Ellerin, Gonzalez, Catterson, JJ. M-4259 People ex rel. Allah, Waheem v Warden Writ of habeas corpus granted; matter transferred to Supreme Court, New York County, as indicated; motion otherwise denied. |
| Nardelli, J.P., Saxe, Sullivan, Ellerin, Sweeny, JJ. M-4200 Wollman v Jocar Realty Co., Inc. - - Posner Stay denied. |
| Nardelli, J.P., Lerner, Friedman, Gonzalez, JJ. M-2376 People v Urena, Francisco Reargument granted and, upon reargument, this Court adheres to its original determination (Appeal Nos. 3598, 3598A, 3598B). |
| Tom, J.P., Sullivan, Lerner, Gonzalez, Catterson, JJ. M-4080 Nguyen v Credit Agricole Indosuez Stay granted on condition appeal from order entered July 6, 2004 perfected for the February 2005 Term, as indicated; appeal from order entered November 18, 2003 adjourned to said Term; Clerk directed to calendar both appeals for hearing together. |
| Tom, J.P., Sullivan, Lerner, Gonzalez, Catterson, JJ. M-4175 Sowell v Motor Vehicle Accident Indemnification Corporation Time to perfect appeal enlarged to the February 2005 Term; notice of appeal deemed served. |
| Tom, J.P., Sullivan, Williams, Lerner, Sweeny, JJ. M-3924 Kalow & Springut LLP v Britesmile, Inc. Motion deemed withdrawn. |
| Tom, J.P., Sullivan, Williams, Lerner, Sweeny, JJ. M-4155 People v Argentieri, Michael Pro se supplemental brief submitted with moving papers deemed timely filed for the February 2005 Term, to which Term appeal adjourned. |
| Tom, J.P., Lerner, Friedman, Marlow, Gonzalez, JJ. M-4068 People v Valles, Gabriel Moving papers deemed a timely filed notice of appeal; leave to prosecute appeal as a poor person granted, as indicated. |
| Tom, J.P., Lerner, Friedman, Marlow, Gonzalez, JJ. M-4091 People v Morales, Ricardo Notice of appeal deemed timely filed; leave to prosecute appeal as a poor person granted, as indicated. |
| Tom, J.P., Lerner, Friedman, Marlow, Gonzalez, JJ. M-4092 People v Vasquez, Pedro Notice of appeal deemed timely filed; leave to prosecute appeal as a poor person granted, as indicated. |
| Tom, J.P., Lerner, Friedman, Marlow, Gonzalez, JJ. M-4151 People v Thomas, Daryl Notice of appeal and this Court's order amended, as indicated. |
| Tom, J.P., Lerner, Friedman, Marlow, Gonzalez, JJ. M-4023 People v Sloan, Allen Counsel relieved. |
| Tom, J.P., Lerner, Friedman, Marlow, Gonzalez, JJ. M-4244 Fusha Japanese Restaurant, Inc. v Fusha, also known as Fusha Japanese Cuisine Stay denied. |
| Friedman, J. M-3425 People v Baskerville, Martin Leave to appeal to this Court denied. |
| Friedman, J. M-3813 People v Harris, Yusuf Leave to appeal to this Court denied. |
| Nardelli, J.P., Andrias, Saxe, Williams, Friedman, JJ. M-4209 In the Matter of the Application of Michael L. Leavitt, (admitted as Michael Louis Leavitt), a suspended attorney: Application for reinstatement as an attorney and counselor-at-law in the State of New York granted only to the extent of referring this matter to a Hearing Panel for a Hearing and Report, as indicated. No opinion. All concur. |
| Tom, J.P., Andrias, Sullivan, Williams, Catterson, JJ. M-4058 In the Matter of Harvey Rivera, a disbarred attorney: Application for reinstatement as an attorney and counselor-at-law in the State of New York granted only to the extent of referring this matter to a Hearing Panel for a hearing and report, as indicated. No opinion. All concur. |
| Buckley, P.J., Nardelli, Andrias, Williams, Gonzalez, JJ. M-1937 In the Matter of Sara Goldman, an attorney and counselor-at-law: Respondent suspended from the practice of law in the State of New York for a period of three years, effective November 29, 2004. Opinion Per Curiam. All concur. |
| Mazzarelli, J.P., Andrias, Saxe, Friedman, Catterson, JJ. M-1955 In the Matter of Joel S. Cohen (admitted as Joel Steven Cohen) An attorney and counselor-at-law: Respondent publicly censured. Opinion Per Curiam. All concur. |