| THE FOLLOWING MOTION ORDERS WERE ENTERED AND FILED ON OCTOBER 28, 2004 |
| Buckley, P.J., Nardelli, Tom, Mazzarelli, Andrias, JJ. M-4575X Naftulin v Sprint Corporation M-4576X Langsam v Terraciano M-4578X Boynes v Avalon Bay Communities, Inc. [and other actions] M-4579X Mushlam, Inc. v Freiwald M-4580X Frank Tricarico Contractor's Inc. v Gabrielli [And another action] M-4581X Lugavere v Manhattan Place Condominium M-4622X Fresh Del Monte Produce N.V. v Eastbrook Caribe A.V.V. M-4623X Heller Financial Leasing, Inc., as assignee of Bankwest Capital Corp. v Parkchester Auto Repair, Inc. [And a third-party action] M-4589 People v Rodriguez, Luis Appeals withdrawn. |
| Buckley, P.J., Nardelli, Tom, Mazzarelli, Andrias, JJ. M-4583X Arroyo v The Port Authority of New York and New Jersey Appeal, previously perfected for the November 2004 Term, withdrawn. |
| Buckley, P.J., Nardelli, Tom, Mazzarelli, Andrias, JJ. M-4611 Federal Pipe and Steel Corporation v Star Structurals, Inc. Appeal, previously perfected for the November 2004 Term, withdrawn. |
| Buckley, P.J., Nardelli, Tom, Mazzarelli, Andrias, JJ. M-4610 Star Boxing, Inc. v Tarver Appeal, previously perfected for the December 2004 Term, withdrawn. |
| Buckley, P.J., Nardelli, Tom, Mazzarelli, Andrias, JJ. M-4624 The Board of Managers of the Academy Twins Condominium Association v Grossman Appeal, previously perfected for the December 2004 Term, withdrawn. |
| Buckley, P.J., Nardelli, Tom, Mazzarelli, Andrias, JJ. M-4577X Warter v The Hilton Hotel Corp., doing business as New York Hilton and Towers Appeal and cross appeal withdrawn. |
| Buckley, P.J., Nardelli, Andrias, Sullivan, Friedman, JJ. M-2459 People v Williams, Levon Writ of error coram nobis denied. |
| Buckley, P.J., Nardelli, Saxe, Ellerin, JJ. M-760 People v Muniz, Wilson Writ of error coram nobis denied. |
| Buckley, P.J., Nardelli, Tom, Mazzarelli, Andrias, JJ. M-4381 People v Adams, Keith M-4385 Boston, Ivan M-4386 Burgos, Victor M-4387 DeJes�s, Lissette M-4389 Leerdam, Kelvin M-4391 McCoy, Kemp M-4392 Santiago, David Leave to prosecute appeals as poor persons granted, as indicated. |
| Buckley, P.J., Mazzarelli, Andrias, Marlow, Catterson, JJ. M-4138 People v Roosevelt, Anthony, also known as Anthony, Roosevelt Leave to prosecute appeal as a poor person granted, as indicated. |
| Buckley, P.J., Mazzarelli, Andrias, Williams, Sweeny, JJ. M-4276 People v Thomas, Anthony Leave to prosecute appeal as a poor person granted, as indicated. |
| Nardelli, J.P., Andrias, Sullivan, Williams, Friedman, JJ. M-4350 Kuperman v Ferber Dismissal of appeal denied, with leave to renew, as indicated. |
| Nardelli, J.P., Andrias, Sullivan, Williams, Friedman, JJ. M-4226 Duane Thomas LLC v Wallin Stay of trial denied; appeals to be perfected simultaneously and Clerk directed to calendar same for a hearing together; poor person relief granted by order entered October 14, 2004 (M-3733/M-3972) extended to cover appeal from order entered September 20, 2004; interim relief granted by an order of a Justice of this Court, dated September 22, 2004, vacated. |
| Nardelli, J.P., Andrias, Sullivan, Williams, Friedman, JJ. M-4341 Friedman v Ralph Anderson, Rockaway Partners Stay of trial granted pending hearing and determination of the appeals and cross appeal from order entered March 18, 2004; direct appeal of Eisner LLP adjourned to the February 2005 Term, for which Term appellants Ralph Anderson and Rockaway Partners are to perfect their direct appeal, as indicated. |
| Nardelli, J.P., Saxe, Ellerin, Gonzalez, Catterson, JJ. M-4288 Medallion Funding Corp. v 5661 Partners, LLC, a Limited Liability Company Stay denied. |
| Nardelli, J.P., Andrias, Sullivan, Williams, Friedman, JJ. M-4311 450 West 14th St. Corp. v 40-56 Tenth Ave., LLC Stay denied. |
| Nardelli, J.P., Tom, Sullivan, Ellerin, Lerner, JJ. M-4067 People v Cusamano, Anthony, also known as Cusumano, Anthony, also known as Bonano, Michael Reargument granted; transcription of minutes directed, as indicated. |
| Nardelli, J.P., Andrias, Sullivan, Williams, Friedman, JJ. M-4331 In the Matter of G., Angel Shante; G., Christia Brittany; G., Robin Jamaal - New York Foundling Hospital Appellant/mother's time to perfect appeal enlarged to the March 2005 Term, to which Term, appellant/father's perfected appeal adjourned. |
| Nardelli, J.P., Saxe, Ellerin, Gonzalez, Catterson, JJ. M-4400 In the Matter of Phillips v The City of New York Time to perfect appeal enlarged to the April 2005 Term. |
| Nardelli, J.P., Mazzarelli, Friedman, Gonzalez, JJ. M-2394 Medina-Santiago v Nojovits Reargument or other relief denied. |
| Nardelli, J.P., Lerner, Friedman, Gonzalez, JJ. M-2471 American Building Maintenance Co. of New York, Inc. v Solow Management Corporation Reargument or other relief denied, as indicated. |
| Nardelli, J.P., Tom, Andrias, Saxe, JJ. M-3145 People v De La Cruz, Ramon, also known as Delacruz, Ramon Writ of error coram nobis denied. |
| Tom, J.P., Saxe, Williams, Marlow, Sweeny, JJ. M-4035 Almanzar v The City of New York Leave to restore appeal to this Court's calendar denied, with leave to renew, as indicated. |
| Tom, J.P., Williams, Friedman, Marlow, Sweeny, JJ. M-3915 People v Flores, Elias 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, Lerner, Marlow, Sweeny, JJ. M-4550 Huggins v Moore Time to perfect appeal and cross appeal enlarged to the April 2005 Term. |
| Tom, J.P., Saxe, Ellerin, Lerner, Gonzalez, JJ. M-2791 Sarasota, Inc. v Finkel, also known as Mulligan Reargument granted, and upon reargument, the decision and order of this Court entered on May 20, 2004 (Appeal No. 3318) recalled and vacated and a new decision and order substituted therefor. (See Appeal No. 3318, decided simultaneously herewith.) Leave to appeal to the Court of Appeals denied. |
| Tom, J.P., Ellerin, Lerner, Marlow, JJ. M-2458 In re Estate of Marsh - Lefkowitz v The Bank of New York Reargument or other relief denied. |
| Tom, J.P., Andrias, Sullivan, Ellerin, Sweeny, JJ. M-4358 In the Matter of Nevarez-Tapia v New York State Department of Health Preliminary appellate injunction denied. |
| Tom, J.P., Lerner, Friedman, Marlow, Gonzalez, JJ. M-4153 People v Ruiz, Isidore Notice of appeal and order of assignment amended, as indicated. |
| Mazzarelli, J.P., Williams, Friedman, Gonzalez, Catterson, JJ. M-4258 River Seafoods, Inc. v JPMorgan Chase Bank M-4565 Appeal dismissed unless perfected for the February 2005 Term, as indicated; cross motion for an enlargement of time granted accordingly. |
| Mazzarelli, J.P., Sullivan, Friedman, Gonzalez, Catterson, JJ. M-4032 People v Cabus, Aureo Leave to prosecute appeal as a poor person granted to the extent indicated. |
| Saxe, J.P., Sullivan, Friedman, Gonzalez, JJ. M-649 Nobu Next Door, LLC v Fine Arts Housing, Inc. Leave to appeal to the Court of Appeals granted, as indicated. |
| Williams, J. M-4212 In the Matter of Bowling v Velez [And another action] Family Court, Bronx County, directed to expeditiously conclude hearing commenced pursuant to the order of a Justice of this Court dated September 22, 2004; visitation schedule continued pending the aforesaid hearing with respect to the petition(s); motion otherwise denied, as indicated. |
| Lerner, J. M-4417 In the Matter of M., Jonathan Ronald - M-4638 The Children's Village Stay contained in order entered May 25, 2004 extended to the February 2005 Term. |
| Lerner, J. M-4077 People v Elliott, Rodney Leave to appeal to this Court denied; poor person relief denied, as indicated. |
| Mazzarelli, J.P., Andrias, Saxe, Friedman, Catterson, JJ. M-2887 In the Matter of William J. Lazaroni, (admitted as William Joseph Lazarony) an attorney and counselor-at-law: Respondent suspended from the practice of law in the State of New York, effective the date hereof, 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. |
| Mazzarelli, J.P., Andrias, Saxe, Marlow, Gonzalez, JJ. M-3786 In the Matter of Mitchell L. Singer, (admitted as Mitchell Lee Singer) a suspended attorney: Respondent's name stricken from the roll of attorneys and counselors-at-law in the State of New York, nunc pro tunc to August 7, 2003. Opinion Per Curiam. All concur. |
| The following order was entered and filed on October 26, 2004: |
| Tom, J.P., Andrias, Sullivan, Ellerin, Sweeny, JJ. M-4318 Formans Apparel, Inc. v TST 666 Third LLC Appeal and cross appeal dismissed. |