| The following order was entered and filed on September 16, 2004 |
| Mazzarelli, J.P., Andrias, Saxe, Friedman, Catterson, JJ. M-3342 Levine v Angsten M-3744 Time to perfect appeals enlarged to the December 2004 Term; appellants may perfect appeals on one record; Clerk directed to calendar appeals for hearing together. |
| THE FOLLOWING MOTION ORDERS WERE ENTERED AND FILED ON SEPTEMBER 21, 2004 |
| Buckley, P.J., Nardelli, Tom, Mazzarelli, Andrias, JJ. M-3738X Adler v Jacobs M-3765X Sen v Jolly M-3766X Talansky v Schulman M-3767X LaSalle Bank National Association, formerly known as LaSalle National Bank v Nomura Asset Capital Corporation M-3768X AKAM Associates v Kuperberg M-3762 People v Gonzalez, Geraldo M-3778 People v Littles, Joseph Appeals withdrawn. |
| Buckley, P.J., Nardelli, Tom, Mazzarelli, Andrias, JJ. M-3737X Record Access Corporation v Gothelf.net, Inc. Appeal and cross appeal withdrawn. |
| Buckley, P.J., Lerner, Friedman, Marlow, Sweeny, JJ. M-3385 In re Rodriguez v Kelly Leave to appeal to the Court of Appeals denied. |
| Buckley, P.J., Lerner, Friedman, Sweeny, Catterson, JJ. M-3867 Chin v Rock-Forty-Ninth, Inc. (And other actions) Appeal adjourned to the December 2004 Term. |
| Nardelli, J.P., Tom, Sullivan, Ellerin, Williams, JJ. M-3670 Ramnarine v Ramnarine Continuation of stay granted on condition appeal perfected for the February 2005 Term, as indicated. |
| Nardelli, J.P., Tom, Ellerin, Williams, JJ. M-3254 People v Mota, Pedro Leave to prosecute appeal as a poor person granted, as indicated. |
| Nardelli, J.P., Mazzarelli, Andrias, Saxe, Friedman, JJ. M-3070 1029 Sixth, LLC v Riniv Corporation (And other actions) Leave to appeal to the Court of Appeals granted, as indicated. |
| Tom, J.P., Saxe, Lerner, Marlow, Gonzalez, JJ. M-3362 People v Gonzalez, Gabriel Leave to prosecute appeal as a poor person granted, as indicated. |
| Tom, J.P., Saxe, Williams, Gonzalez, JJ. M-2371 Hotel des Artistes, Inc. v General Accident Insurance Company Reargument or other relief denied. |
| Tom, J.P., Saxe, Ellerin, Marlow, Catterson, JJ. M-3206 Mallios v B. Smith's Restaurant Reargument or other relief denied. |
| Mazzarelli, J.P., Saxe, Sullivan, Marlow, Gonzalez, JJ. M-3002 In the Matter of K., Amanda; K., Megan, - - Administration for Children's Services Reargument of this Court's order entered June 8, 2004 (M-1785) granted to the extent of vacating so much of said order which denied respondents leave to appeal to this Court. The motion is otherwise denied. |
| Andrias, J.P., Sullivan, Friedman, Marlow, JJ. M-2964 In the Matter of Marino v New York City Police Department Reargument denied. |
| Lerner, J.P., Marlow, Gonzalez, Sweeny, Catterson, JJ. M-3493 People v Richard, Eric, also known as Richard, Eric S., also known as Richardson, Eric S. Moving papers deemed a timely filed notice of appeal; leave to prosecute appeal as a poor person granted, as indicated. |
| Lerner, J.P., Marlow, Gonzalez, Sweeny, Catterson, JJ. M-3372 People v Pena, Tomas Moving papers deemed a timely filed notice of appeal; leave to prosecute appeal as a poor person granted, as indicated. |
| Lerner, J.P., Marlow, Gonzalez, Sweeny, Catterson, JJ. M-3494 People v Lopez, Julio Moving papers deemed a timely filed notice of appeal; leave to prosecute appeal as a poor person granted, as indicated. |
| Lerner, J.P., Marlow, Gonzalez, Sweeny, Catterson, JJ. M-3496 People v Colon, Rafael Notice of appeal deemed timely filed; leave to prosecute appeal as a poor person granted, as indicated. |
| Lerner, J.P., Marlow, Gonzalez, Sweeny, Catterson, JJ. M-3497 People v Sanchez, Victoriano Notice of appeal deemed timely filed; leave to prosecute appeal as a poor person granted, as indicated. |
| Lerner, J.P., Marlow, Gonzalez, Sweeny, Catterson, JJ. M-3498 People v Guzman, Edward, also known as Alcantara, Francisco Notice of appeal deemed timely filed; leave to prosecute appeal as a poor person granted, as indicated. |
| Lerner, J.P., Marlow, Gonzalez, Sweeny, Catterson, JJ. M-3273 Ferrari v Pathmark Supermarket, Inc. Appeal deemed withdrawn, as indicated. |
| Lerner, J.P., Marlow, Gonzalez, Sweeny, Catterson, JJ. M-3348 Kahn v Oshin-Kahn Appeal dismissed. |
| Lerner, J.P., Marlow, Gonzalez, Sweeny, Catterson, JJ. M-3470 In the Matter of Deal v Nieves Appeals dismissed. |
| Lerner, J.P., Marlow, Gonzalez, Sweeny, Catterson, JJ. M-3378 Hernandez Soto, also known as Soto v Estate of Ziess Appeal dismissed. |
| Lerner, J.P., Marlow, Gonzalez, Sweeny, Catterson, JJ. M-3653 Davis v Hernandez Dismissal of appeal denied. |
| Lerner, J.P., Marlow, Gonzalez, Sweeny, Catterson, JJ. M-3463 In the Matter of Sofasa, LLC, doing business as Diamco Trading Co v Schachter Appeal dismissed unless perfected for the January 2005 Term, as indicated. |
| Lerner, J.P., Marlow, Gonzalez, Sweeny, Catterson, JJ. M-3454 In the Matter of McC., Dorian, also known as McC., Dorian Lord; McC., Dameiane, also known as McC., Dammeiane - - The Catholic Home Bureau for Dependent Children Appeals dismissed unless perfected for the January 2005 Term, as indicated. |
| Lerner, J.P., Marlow, Gonzalez, Sweeny, Catterson, JJ. M-3371 People v Rodriguez, Bolivar Notice of appeal deemed timely filed; leave to prosecute appeal as a poor person denied, with leave to renew, as indicated. |
| Lerner, J.P., Marlow, Gonzalez, Sweeny, Catterson, JJ. M-3639 Rostropovich v Guerrand-Hermes Time to perfect appeals enlarged to on or before October 4, 2004 for the December 2004 Term. |
| Lerner, J.P., Marlow, Gonzalez, Sweeny, Catterson, JJ. M-3467 People v Thomas, Yvonne Time to perfect appeal enlarged to the January 2005 Term; bail continued upon condition appeal so perfected. |
| Lerner, J.P., Marlow, Gonzalez, Sweeny, Catterson, JJ. M-3363 Matias v Rebecca's Bakery Time to perfect appeal enlarged to the January 2005 Term. |
| Lerner, J.P., Marlow, Gonzalez, Sweeny, Catterson, JJ. M-3364 Irizarry v 15 Mosholu Four, LLC Time to perfect appeal enlarged to the January 2005 Term. |
| Lerner, J.P., Marlow, Gonzalez, Sweeny, Catterson, JJ. M-3157 Kuttemperoor v Columbia Dermatology Associates Time to perfect appeal enlarged to the January 2005 Term. (See M-3158, decided simultaneously herewith.) |
| Lerner, J.P., Marlow, Gonzalez, Sweeny, Catterson, JJ. M-3158 Kuttemperoor v Faroqui Time to perfect appeal enlarged to the January 2005 Term. (See M-3157, decided simultaneously herewith.) |
| Lerner, J.P., Marlow, Gonzalez, Sweeny, Catterson, JJ. M-3490 People v Melendez, Batzayda Time to perfect appeal enlarged to the February 2005 Term. |
| Lerner, J.P., Marlow, Gonzalez, Sweeny, Catterson, JJ. M-3511 Citidress II, also known as Citidress II Corp v 207 Second Avenue Realty Corp. (And another action) Time to perfect appeal enlarged to the February 2005 Term. |
| Lerner, J.P., Marlow, Gonzalez, Sweeny, Catterson, JJ. M-3708 Duane Reade v Brickman Stay denied. |
| Lerner, J.P., Marlow, Gonzalez, Sweeny, Catterson, JJ. M-3701 New York State Public Employees Federation, AFL-CIO v Melon Associates LLC Preliminary appellate injunction denied. |
| Lerner, J.P., Marlow, Gonzalez, Sweeny, Catterson, JJ. M-3749 David Realty and Funding, LLC v Second Avenue Realty Co. Appeal stricken from the October 2004 calender, with leave to appellants to re-perfect for the January 2005 Term, as indicated. |
| Lerner, J.P., Marlow, Gonzalez, Sweeny, Catterson, JJ. M-3856 Bank Julius Baer & Co., Ltd. v Hispano Venezolana de Perforacion, C.A. (And other actions) Stay granted on condition appeal perfected for the January 2005 Term, as indicated. |
| Lerner, J.P., Marlow, Gonzalez, Sweeny, Catterson, JJ. M-3389 Parker v CBS Broadcasting Inc. Stay of trial denied. |
| Nardelli, J. M-3289 People v McCallister, Charles Reargument or other relief denied. |
| Nardelli, J. M-3475 In the Matter of Robins, Charles v Hernandez Leave to appeal to this Court denied. |
| Andrias, J. M-3220 People v Rivera, Miguel Leave to appeal to this Court granted, as indicated. |
| Williams, J. M-2415 People v Ozuna, Beato Leave to appeal to this Court granted, as indicated. |
| Nardelli, J.P., Mazzarelli, Saxe, Ellerin, Williams, JJ. In the Matter of Attorneys Who Are in Violation of Judiciary Law Section 468-a: M-3726David Sinacore-Guinn, admitted March 5, 1984, 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-3741Howard S. Kronberg, admitted May 6, 1985, 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-3831Stacey Eden Elias, admitted on February 27, 1985 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. |