| THE FOLLOWING MOTION ORDERS WERE ENTERED AND FILED ON SEPTEMBER 9, 2004 |
| Buckley, P.J., Nardelli, Tom, Mazzarelli, Andrias, JJ. M-3512X Xiao v Continuum Health Partners, Inc. M-3573X Karfunkel v Bluestone Capital Corp. M-3574X Samaras v Interbank of New York M-3632X Kurtz v Madame Tussaud's New York, Inc. M-3633X Bennett v CCG Metamedia, Inc. M-3695X House of Dreams, Inc., doing business as Nicole Miller Men v Lord & Taylor, Inc. M-3718 People v Munguia, Carlos M-3656 People v Melicio, Julio Appeals withdrawn. |
| Buckley, P.J., Nardelli, Tom, Mazzarelli, Andrias, JJ. M-3702 TSC Design Associates v GLC Design Consultants, Inc. (And another action) Appeal, previously perfected for the September 2004 Term, withdrawn. |
| Buckley, P.J., Nardelli, Tom, Mazzarelli, Andrias, JJ. M-3522 Graybill v The City of New York Appeal, previously perfected for the September 2004 Term, withdrawn. |
| Buckley, P.J., Nardelli, Tom, Mazzarelli, Andrias, JJ. M-3704 The Shaw Group, Inc. v Harquahala Generating Company, LLC Appeal, previously perfected for the September 2004 Term, withdrawn. |
| Buckley, P.J., Nardelli, Tom, Mazzarelli, Andrias, JJ. M-3711 Brownskin Shoe Corp., doing business as David Z. v Ladies Mile, Inc. Appeal, previously perfected for the September 2004 Term, withdrawn. |
| Buckley, P.J., Nardelli, Tom, Mazzarelli, Andrias, JJ. M-3572X SMD Capital Corp. v The Diversified Group Incorporated Appeal and cross appeal withdrawn. |
| Buckley, P.J., Nardelli, Tom, Mazzarelli, Andrias, JJ. M-3647X Encarnacion v Inwood Tower, Inc. (And a third-party action) Appeal and cross appeal withdrawn. |
| Buckley, P.J., Nardelli, Tom, Mazzarelli, Andrias, JJ. M-3499 People v Lane, Bobby Counsel substituted; poor person relief previously granted continued. |
| Buckley, P.J., Nardelli, Tom, Mazzarelli, Andrias, JJ. M-3500 People v Utsey, Thomas Counsel substituted; poor person relief previously granted continued. |
| Buckley, P.J., Nardelli, Tom, Mazzarelli, Andrias, JJ. M-3501 People v Washington, Alfonso Counsel substituted; poor person relief previously granted continued. |
| Buckley, P.J., Mazzarelli, Andrias, Sullivan, JJ. M-3502 People v Saxon, Kevin Counsel substituted; poor person relief previously granted continued. |
| Buckley, P.J., Andrias, Saxe, Williams, Gonzalez, JJ. M-3503 People v Taylor, Phillip, also known as Taylor, Phillip A. Counsel substituted; poor person relief previously granted continued. |
| Buckley, P.J., Saxe, Ellerin, Marlow, Gonzalez, JJ. M-3505 People v Rivera, Manuel, also known as Rivera Angel Counsel substituted; poor person relief previously granted continued. |
| Nardelli, J.P., Mazzarelli, Andrias, Gonzalez, Sweeny, JJ. M-1870 In the Matter of S., Emannie Yvette, also known as S., Emani; S., Dewante Kamaray, also known as S., Dewan'te Kamaray; and S., Dominique Justina - Leake and Watts Services, Inc. Leave to prosecute appeal as a poor person granted, as indicated. (See M-2122 and M-2122A, decided simultaneously herewith.) |
| Nardelli, J.P., Mazzarelli, Andrias, Gonzalez, Sweeny, JJ. M-2122 In the Matter of S., Emannie Yvette, also known as S., Emani; S., Dewante Kamaray, also known as S., Dewan'te Kamaray; and S., Dominique Justina - Leake and Watts Services, Inc. Leave to prosecute appeal as a poor person granted, as indicated. (See M-1870 and M-2122A, decided simultaneously herewith.) |
| Sweeny, J. M-2122A In the Matter of S., Emannie Yvette, also known as S., Emani; S., Dewante Kamaray, also known as S., Dewan'te Kamaray; and S., Dominique Justina - Leake and Watts Services, Inc. Stay of all proceedings denied. (See M-2122 and M-1870, decided simultaneously herewith.) |
| Nardelli, J.P., Ellerin, Williams, Gonzalez, JJ. M-3504 People v Tingling, Mario Counsel substituted; poor person relief previously granted continued. |
| Tom, J.P., Mazzarelli, Andrias, Williams, JJ. M-3160 In the Matter of Martin v Goord Moving papers deemed a timely filed notice of appeal. |
| Tom, J.P., Sullivan, Williams, Lerner, Gonzalez, JJ. M-2793 Aviles v San Rafael Cooperativa de Ahorro y Credito Reargument or other relief denied. |
| Mazzarelli, J.P., Andrias, Saxe, Friedman, Catterson, JJ. M-3217 People v Pettigrew, Avery Counsel substituted; poor person relief previously granted continued. |
| Andrias, J.P., Ellerin, Williams, Marlow, JJ. M-1613 People v Thompson, Gregory M-2685 Reargument and reconstruction of transcripts denied. |
| Sullivan, J.P., Ellerin, Gonzalez, Sweeny, Catterson, JJ. M-1597 People v Saunders, John Writ of error coram nobis deemed withdrawn. |
| Lerner, J.P., Marlow, Gonzalez, Sweeny, Catterson, JJ. M-3507 Mendel v Henry Phipps Plaza West, Inc. Dismissal of direct appeal granted unless perfected for the January 2005 Term. |
| Lerner, J.P., Marlow, Gonzalez, Sweeny, Catterson, JJ. M-3218 In the Matter of C., Iris Shawntelle Marie - M-3392 St. Vincent's Services, Inc. Dismissal of appeal denied; leave to prosecute appeal as a poor person granted, as indicated. (See M-3392A, decided simultaneously herewith.) |
| Sweeny, J. M-3392A In the Matter of C., Iris Shawntelle Marie - St. Vincent's Services, Inc. Stay denied. (See M-3218/M-3392, decided simultaneously herewith.) |
| Lerner, J.P., Marlow, Gonzalez, Sweeny, Catterson, JJ. M-3755 DeBellis v NYU Hospitals Center (And other actions) Appeals consolidated; stay of trial granted. Clerk directed to calendar appeals for hearing together for the November 2004 Term, to which Term appeal from the order entered on or about May 17, 2004 adjourned. |
| Lerner, J.P., Marlow, Gonzalez, Sweeny, Catterson, JJ. M-3529 Messinger v The Mount Sinai Medical Center Appeal adjourned to the December 2004 Term; motion otherwise denied, as indicated. |
| Lerner, J.P, Marlow, Gonzalez, Sweeny, Catterson, JJ. M-3409 In the Matter of M., Kurschuna Alaina; M., Nakia Natasha; M., Jonathan and M., Qwin Nicole - The Salvation Army (And another action) Leave to prosecute appeal as a poor person granted, as indicated. (See M-3409A, decided simultaneously herewith.) |
| Sweeny, J. M-3409A In the Matter of M., Kurschuna Alaina; M., Nakia Natasha; M., Jonathan and M., Qwin Nicole - The Salvation Army (And another action) Stay denied. (See M-3409, decided simultaneously herewith.) |
| Lerner, J.P., Marlow, Gonzalez, Sweeny, Catterson, JJ. M-3260 People v Vasquez, Paul Leave to prosecute appeal as a poor person granted to the extent indicated. |
| Lerner, J.P., Marlow, Gonzalez, Sweeny, Catterson, JJ. M-3317 People v Walton, David Counsel substituted; poor person relief previously granted continued. |
| Lerner, J.P., Marlow, Gonzalez, Sweeny, Catterson, JJ. M-3440 People v Sherrod, Vaughn Counsel substituted; poor person relief previously granted continued. |
| Lerner, J.P., Marlow, Gonzalez, Sweeny, Catterson, JJ. M-3279 People v Quinones, Christian Substitution of counsel denied; counsel relieved; poor person relief previously granted continued. |
| Lerner, J.P., Marlow, Gonzalez, Sweeny, Catterson, JJ. M-3400 People v Martinaj, Bernard, also known as Martinaj, Bernardo Substitution of counsel denied; counsel relieved; poor person relief previously granted continued. |
| Lerner, J.P., Marlow, Gonzalez, Sweeny, Catterson, JJ. M-3373 People v Pena, Juan Leave to prosecute appeal as a poor person denied, with leave to renew, as indicated. |
| Lerner, J.P., Marlow, Gonzalez, Sweeny, Catterson, JJ. M-3350 People v Castillo, Santo, also known as Castillo, Gonzalez Santo Leave to prosecute appeal as a poor person denied, with leave to renew, as indicated. |
| Lerner, J.P., Marlow, Gonzalez, Sweeny, Catterson, JJ. M-3354 People v Paulino, Arcadio Leave to prosecute appeal as a poor person denied, with leave to renew, as indicated. |
| Lerner, J.P., Marlow, Gonzalez, Sweeny, Catterson, JJ. M-3238 People v Cyrus, Kimond Leave to prosecute appeal as a poor person denied, with leave to renew, as indicated. |
| Lerner, J.P., Marlow, Gonzalez, Sweeny, Catterson, JJ. M-3369 People v Goodman, Clinton 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-3611 People v Encarnacion, Ramon Time to perfect appeal enlarged to the January 2005 Term; leave to prosecute appeal as a poor person denied, with leave to renew, as indicated. |
| Lerner, J.P., Marlow, Gonzalez, Sweeny, Catterson, JJ. M-3197 Cusanelli v The New York City Transit Authority M-3301 Time to perfect appeal enlarged to the March 2005 Term, as indicated; dismissal of appeal granted unless appeal perfected for said Term. |
| Lerner, J.P., Marlow, Gonzalez, Sweeny, Catterson, JJ. M-3379 Pesochinsky v Derosa M-3617 In the Matter of R., Charlene v E., Leaford M-3620 Okun v Tanners M-3655 Eschel v Fleet Bank (And another action) M-3715 People v Parks, Corey Time to perfect appeals enlarged to the December 2004 Term. |
| Lerner, J.P., Marlow, Gonzalez, Sweeny, Catterson, JJ. M-3707 Aybar v Securities America, Inc. M-3322 Cohen v Lesbian & Gay Community Services Center, Inc. M-3368 People v Correnti, Anthony, also known as Correnti, Anthony M. M-3401 Meling v Chasky M-3869 Friedman v Connecticut General Life Insurance Company Time to perfect appeals enlarged to the January 2005 Term. |
| Lerner, J.P., Marlow, Gonzalez, Sweeny, Catterson, JJ. M-3201 People v Wiltshire, James Time to perfect appeal enlarged to the February 2005 Term, as indicated. (See M-3203, decided simultaneously herewith.) |
| Gonzalez, J. M-3203 People v Wiltshire, James Leave to appeal to this Court granted, as indicated. (See M-3201, decided simultaneously herewith.) |
| Lerner, J.P., Marlow, Gonzalez, Sweeny, Catterson, JJ. M-3123 DiPierro v Auer's Moving & Rigging, Inc. Time to perfect appeal enlarged to the April 2005 Term, as indicated. |
| Lerner, J.P., Marlow, Gonzalez, Sweeny, Catterson, JJ. M-3452 People v Salinas, Francisco, also known as Salinas, Frank Time to perfect appeal enlarged to the January 2005 Term; transcription of minutes directed, as indicated. |
| Lerner, J.P., Marlow, Gonzalez, Sweeny, Catterson, JJ. M-3665 Corneroli v Borghi Supplemental record deemed filed. |
| Lerner, J.P., Marlow, Gonzalez, Sweeny, Catterson, JJ. M-3484 People v Serrano, Juan Leave to file a pro se supplemental brief granted to the extent indicated. |
| Lerner, J.P., Marlow, Gonzalez, Sweeny, Catterson, JJ. M-3519 People v Piper, Lionel M-3520 Enlargement of time to file pro se supplemental briefs granted for the January 2005 Term, to which Term appeals adjourned, as indicated. |
| Lerner, J.P., Marlow, Gonzalez, Sweeny, Catterson, JJ. M-3521 People v Sims, Synell Enlargement of time to file a pro se supplemental brief granted for the January 2005 Term, to which Term appeal adjourned. |
| Lerner, J.P., Marlow, Gonzalez, Sweeny, Catterson, JJ. M-3492 People v Hughes, Marlo, also known as Gaskins, Quintil Motion to relieve counsel denied; defendant directed to file a pro se supplemental brief addressing his sentencing status for the January 2005 Term, to which Term appeal adjourned. |
| Lerner, J.P., Marlow, Gonzalez, Sweeny, Catterson, JJ. M-3377 Stark v Molod Spitz DeSantis & Stark, P.C. Vacatur of temporary restraining order denied. |
| Lerner, J.P., Marlow, Gonzalez, Sweeny, Catterson, JJ. M-3607 Duane Thomas, LLC v Wallin Leave to hold plaintiff and its counsel in contempt denied. |
| Lerner, J.P., Marlow, Gonzalez, Sweeny, Catterson, JJ. M-3214 People v Walton, Andre Leave for order directing evidentiary hearing denied. |
| Lerner, J.P., Marlow, Gonzalez, Sweeny, Catterson, JJ. M-3613 People v Anonymous Anonymity and sealing of records granted, as indicated. |
| Lerner, J.P., Marlow, Gonzalez, Sweeny, Catterson, JJ. M-3754 Leontios v Arzanipour Leave to strike record granted to the extent of directing non-party appellant to serve and file an amended record on appeal, all as indicated. Appeal adjourned to the November 2004 Term; motion otherwise denied. |
| Lerner, J.P., Marlow, Gonzalez, Sweeny, Catterson, JJ. M-3763 In the Matter of Waverly Associates v New York State M-3824 Division of Housing and Community Renewal Leave to strike certain portions of appellant's brief and other relief denied, as indicated; imposition of sanctions and other relief denied. Appeal adjourned to the November 2004 Term. |
| Lerner, J.P., Marlow, Gonzalez, Sweeny, Catterson, JJ. M-3748 Yaffe, Ruden & Associates, LLP v Pedre Preliminary appellate injunction and other relief denied. |
| Marlow, J.P., Gonzalez, Sweeny, Catterson, JJ. M-3627 Claire v O'Driscoll (And a third-party action) Time to perfect appeal and cross appeal enlarged to the January 2005 Term. |
| Marlow, J.P., Gonzalez, Sweeny, Catterson, JJ. M-3735 Schafrann v N.V. Famka, Inc. Leave to amend caption denied. Plaintiff-respondent granted leave to withdraw their previously filed brief, and file a replacement brief, as indicated. Appeal adjourned to the November 2004 Term. |
| Lerner, J. M-3175 People v Di Li, Zhen Leave to appeal to this Court denied. |
| Lerner, J. M-3414 People v Roche, Ramon Leave to appeal to this Court denied. |
| Lerner, J. M-3426 People v Hall, Maurice Leave to appeal to this Court denied. |
| Lerner, J. M-3427 People v Irizarry, Alexis Leave to appeal to this Court denied. |
| Lerner, J. M-3429 People v Edwards, Christopher Leave to appeal to this Court denied. |
| Lerner, J. M-3431 People v Dunbar, Jermaine Leave to appeal to this Court denied. |
| Friedman, J. M-2770 People v Hunt, Wayne, also known as Johnson, Wayne Leave to appeal to this Court denied. |
| Friedman, J. M-2771 People v Gibson, Stephen, also known as Gibson, James Leave to appeal to this Court denied. |
| Friedman, J. M-2809 People v Williams, Richard Leave to appeal to this Court denied. |
| Friedman, J. M-5297 People v Russell, Jerry, also known as Lee, James Leave to appeal to this Court denied. |
| Gonzalez, J. M-3154 People v Attonito, Thomas Stay of execution of judgment denied. |