| THE FOLLOWING MOTION ORDERS WERE ENTERED AND FILED ON SEPTEMBER 30, 2004 |
| Buckley, P.J., Nardelli, Tom, Mazzarelli, Andrias, JJ. M-4016 People v Whittaker, Ashley Appeal withdrawn. |
| Buckley, P.J., Nardelli, Tom, Mazzarelli, Andrias, JJ. M-3894 People v McClain, Michael Appeal, previously perfected for the October 2004 Term, withdrawn. |
| Buckley, P.J., Nardelli, Tom, Mazzarelli, Andrias, JJ. M-4007 In the Matter of Simon Property Group, Inc. v State Street Bank & Trust Co. Appeal, previously perfected for the October 2004 Term, withdrawn. |
| Buckley, P.J., Lerner, Friedman, Sweeny, Catterson, JJ. M-3803 Scott v Scott Appellant's time in which to comply with the appealed order enlarged to 10 days from the date of entry hereof; motion otherwise denied. |
| Buckley, P.J., Nardelli, Andrias, Williams, Gonzalez, JJ. M-3386 In re Doyle v Kelly Leave to appeal to the Court of Appeals denied. |
| Buckley, P.J., Andrias, Lerner, Friedman, JJ. M-1808 In re Kandemir v New York State Division of Housing and Community Renewal Reargument or other relief denied. |
| Buckley, P.J., Mazzarelli, Sullivan, Friedman, Gonzalez, JJ. M-2500 New Falls Corporation v Board of Managers of the M-2549 Park Chester North Condominium, Inc. Reargument granted; order of this Court entered on April 29, 2004 (Appeal Nos. 3267-3268) recalled and vacated and a new decision and order substituted therefor. (See Appeal Nos. 3267-3268, decided simultaneously herewith.) |
| Buckley, P.J., Friedman, Sweeny, Catterson, JJ. M-3780 Urbano v Pavarini Construction Co., Inc. M-3887 (And other actions) Time to perfect appeal and cross appeal enlarged to the January 2005 Term, as indicated. |
| Buckley, P.J., Andrias, Saxe, Friedman, Marlow, JJ. M-3652 Charles v Scharf Permission to file a motion with this Court denied. |
| Buckley, P.J., Nardelli, Andrias, Saxe, Lerner, JJ. M-3807 DiPasquale v Security Mutual Life Insurance Company of New York Amicus curiae briefs deemed filed. |
| Nardelli, J.P., Andrias, Ellerin, Gonzalez, Catterson, JJ. M-3935 Maurer v Maurer Time to perfect appeal enlarged to the January 2005 Term. |
| Nardelli, J.P., Mazzarelli, Sullivan, Williams, Catterson, JJ. M-3953 Kim v A&J Produce Corporation Stay of trial granted. Appeal adjourned to the January 2005 Term, for which Term plaintiffs directed to perfect their appeal from the judgment of the Supreme Court, Bronx County (Bertram Katz, J.) entered on or about February 9, 2004. |
| Nardelli, J.P., Tom, Sullivan, Ellerin, Williams, JJ. M-2995 City Realty Associates Limited Partnership v Westreich Leave to appeal from the Appellate Term denied. |
| Nardelli, J.P., Mazzarelli, Ellerin, Friedman, JJ. M-1249 Rodriguez v Terence Cardinal Cooke Health Care Center Leave to appeal to the Court of Appeals denied. |
| Nardelli, J.P., Saxe, Williams, Friedman, Sweeny, JJ. M-2785 Douce, also known as Parkins v Banco Popular North America Reargument denied, as indicated. |
| Nardelli, J.P., Sullivan, Friedman, Marlow, Gonzalez, JJ. M-2375 People v Belfer, Bruce also known as Belfour, Bruce also known as Ferrara, Bruno Writ of error coram nobis denied. |
| Tom, J.P., Williams, Friedman, Marlow, Sweeny, JJ. M-3937 450 West 14th St. Corp. v 40-56 Tenth Ave., LLC Motion deemed withdrawn. |
| Tom, J.P., Williams, Friedman, Marlow, Sweeny, JJ. M-3946 Sanchez v Martell Time to perfect appeal enlarged to the January 2005 Term. |
| Tom, J.P., Sullivan, Williams, Lerner, Gonzalez, JJ. M-3394 Kalderon v Kenney CPLR 5704(a) relief denied. |
| Mazzarelli, J.P., Saxe, Williams, Lerner, Marlow, JJ. M-3523 People v Lino, Castillo, also known as Lino, Castillo A., also known as Castillo, Lino Leave to prosecute appeal as a poor person granted, as indicated. |
| Mazzarelli, J.P., Sullivan, Ellerin, Lerner, Marlow, JJ. M-3481 Johnson v Ward Leave to appeal to the Court of Appeals granted, as indicated. |
| Ellerin, J.P., Williams, Lerner, Marlow, JJ. M-3843 Curry v Common Ground Community, H.D.F.C., Inc. Reargument and other relief denied. |
| Lerner, J.P., Marlow, Gonzalez, Sweeny, Catterson, JJ. M-3068 Horn v PTJP Partners, L.P. M-3277 Appeal from the order entered on or about July 19, 2002 dismissed; motion otherwise denied. Appeals from the orders entered on or about August 14, 2003 and January 12, 2004 consolidated, as indicated; time to perfect same enlarged to the January 2005 Term. |
| Lerner, J.P., Marlow, Gonzalez, Sweeny, Catterson, JJ. M-3533A People v Layme, Felipe Dismissal of appeal denied. (See M-3533, decided simultaneously herewith.) |
| Marlow, J. M-3533 People v Layme, Felipe Leave to appeal to this Court granted, as indicated. (See M-3533A, decided simultaneously herewith.) |
| Lerner, J.P., Marlow, Gonzalez, Sweeny, Catterson, JJ. M-3461 In the Matter of D., Michael Steven; D., Luis Michael; D., Samantha Lee Marie; D., Richard Joseph; D., Stephanie, also known as B., Stephanie, also known as B., Baby Girl - The Children's Village Respondent-appellant/mother's appeal dismissed. |
| Lerner, J.P., Marlow, Gonzalez, Sweeny, Catterson, JJ. M-3531 In the Matter of J., David; J., Alexcia; D., Chanell - Administration for Children's Services Leave to prosecute appeal as a poor person granted, as indicated. |
| Lerner, J.P., Marlow, Gonzalez, Sweeny, Catterson, JJ. M-3717 In the Matter of G., Daniella C.; G., Frank R. - Catholic Home Bureau for Dependent Children Leave to prosecute appeal as a poor person granted, as indicated. |
| Lerner, J.P., Marlow, Gonzalez, Sweeny, Catterson, JJ. M-3891 In the Matter of V., Inbunique - Administration for Children's Services Leave to prosecute appeal as a poor person granted, as indicated. |
| Lerner, J.P., Marlow, Gonzalez, Sweeny, Catterson, JJ. M-3729 People v Jackson, Curtis Leave to prosecute appeal as a poor person granted, as indicated. |
| Lerner, J.P., Marlow, Gonzalez, Sweeny, Catterson, JJ. M-3650 People v Huertas, Carlos Leave to prosecute appeal as a poor person granted to the extent indicated. |
| Lerner, J.P., Marlow, Gonzalez, Sweeny, Catterson, JJ. M-3530 People v Wilkins, Ashanti Leave to prosecute appeal as a poor person granted to the extent indicated; substitution of counsel denied. |
| Lerner, J.P., Marlow, Gonzalez, Sweeny, Catterson, JJ. M-3758 People v Jenkins, Samuel 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-3696 People v Walker, Anthony 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-3736 In the Matter of T., Denise v C., Javier Antonio Leave to prosecute appeal as a poor person denied, with leave to renew, as indicated. |
| Lerner, J.P., Marlow, Gonzalez, Sweeny, Catterson, JJ. M-3439 People v Cooks, Johnnie Counsel substituted; poor person relief previously granted continued. |
| Lerner, J.P., Marlow, Gonzalez, Sweeny, Catterson, JJ. M-3515 People v Contreas, Jorge, also known as Contreras, Jorge Counsel substituted; poor person relief previously granted continued. |
| Lerner, J.P., Marlow, Gonzalez, Sweeny, Catterson, JJ. M-3769 People v Gardner, Melvin Counsel substituted; poor person relief previously granted continued. |
| Lerner, J.P., Marlow, Gonzalez, Sweeny, Catterson, JJ. M-3689 Solazzo v New York City Transit Authority M-3705 Rodriguez v MC Builders, Inc. M-3854 Chitayat v Madison Medical-The Private Practice Group of New York, LLP M-3841 People v Wilson, Nathaniel Time to perfect appeals enlarged to the January 2005 Term. |
| Lerner, J.P., Marlow, Gonzalez, Sweeny, Catterson, JJ. M-3785 People v Mitchell, Heyward Time to perfect appeal enlarged to the February 2005 Term, as indicated. |
| Lerner, J.P., Marlow, Gonzalez, Sweeny, Catterson, JJ. M-3725 Rugieri v Bannister Time to perfect appeals enlarged to the January 2005 Term. |
| Lerner, J.P., Marlow, Gonzalez, Sweeny, Catterson, JJ. M-3776 Jones v Munroe Leave to appeal from the Appellate Term denied. |
| Lerner, J.P., Marlow, Gonzalez, Sweeny, Catterson, JJ. M-3852 In the Matter of Kraus v Seidman (And another action) Appeals consolidated; Clerk directed to calendar appeals for hearing together. |
| Lerner, J.P., Marlow, Gonzalez, Sweeny, Catterson, JJ. M-3635 Katz v Dream Trans, Inc. Stay of trial and other relief denied. |
| Lerner, J.P., Marlow, Gonzalez, Sweeny, Catterson, JJ. M-3873 In the Matter of M., Maribel v C., Orbin (And another action) Summary reversal and/or other relief denied. Matter remanded to the Family Court, Bronx County, for a reconstruction hearing, as indicated. |
| Marlow, J.P., Gonzalez, Sweeny, Catterson, JJ. M-3303 Miller v Amerada Hess Corp. Consolidation of appeals and enlargement of time to perfect same denied. |
| Buckley, P.J., Nardelli, Andrias, Ellerin, Friedman, JJ. M-3743 In the Matter of Jeffrey M. Cohn (admitted as Jeffrey Michael Cohn) a suspended attorney: Application for reinstatement as an attorney and counselor-at-law in the State of New York granted to the extent of referring this matter to a Hearing Panel for a hearing and report, as indicated. No opinion. All concur. |
| Mazzarelli, J.P., Andrias, Saxe, Friedman, Catterson, JJ. M-2708 In the Matter of Guy J. Velella, an attorney and counselor-at-law: Respondent's name stricken from the roll of attorneys and counselors-at-law in the State of New York, nunc pro tunc to May 17, 2004. Opinion Per Curiam. All concur. |
| The following orders were entered and filed on September 28, 2004 |
| Mazzarelli, J.P., Sullivan, Friedman, Gonzalez, Catterson, JJ. M-4048 Walker v Metro-North Commuter Railroad (And other actions) Stay of trial granted. |
| Lerner, J.P., Marlow, Gonzalez, Sweeny, Catterson, JJ. M-3753 Fabian v Florence Nightingale Health Center Stay of trial denied. |
| Lerner, J.P., Marlow, Gonzalez, Sweeny, Catterson, JJ. M-3660 Korea First Bank of New York Ltd. v M-3664 Noah Enterprises, Ltd. M-3789 M-3853 Enlargement of record on appeal in Action No. 2 (M-3660) and (M-3853) to include the order of Supreme Court, New York County, entered on or about August 3, 2004, and the judgment of said court entered June 12, 2002 as amended and reinstated on August 17, 2004 granted, as indicated. Dismissal of appeal in Action No. 1 (M-3664) denied, as indicated. Reargument (M-3789) granted and appeals in both Action No. 1 and Action No. 2 adjourned to the November 2004 Term; Clerk directed to calendar the appeals for hearing together for said Term. |
| Sweeny, J. M-4031 In the Matter of C., Elie v Z., Sabrina Stay denied. |