| THE FOLLOWING MOTION ORDERS WERE ENTERED AND FILED ON DECEMBER 18, 2003 |
| Buckley, P.J., Nardelli, Tom, Mazzarelli, Andrias, JJ. M-5540XSteinberger v Lippman M-5542XBroder v MBNA Corporation-Davisson M-5543XRosenthal and Rosenthal, Inc. v Gans M-5545XYonkers Contracting Company, Inc. v Parons, Brinckerhoff, Quade & Douglas, Inc. M-5546XPober v Pober M-5547XElmore v Daka Management Inc. M-5549XNord v Karabelas (And a Third-Party Action) M-5551XIn the Matter of Liberty Mutual Insurance Company vShand M-5552XBlumenthal v Gottlieb M-5553XNoto v Krinick Appeals withdrawn. |
| Buckley, P.J., Nardelli, Tom, Mazzarelli, Andrias, JJ. M-5548XGhaleb v Sackman Mortgage Corp. (And a Third-Party Action) Appeal and cross appeal withdrawn. |
| Buckley, P.J., Saxe, Ellerin, Marlow, Gonzalez, JJ. M-5098People v Maxwell, Mario Leave to prosecute appeal as a poor person granted, as indicated. |
| Buckley, P.J., Saxe, Ellerin, Marlow, Gonzalez, JJ. M-5103People v Rivers, Robert Leave to prosecute appeal as a poor person granted, as indicated. |
| Buckley, P.J., Saxe, Ellerin, Marlow, Gonzalez, JJ. M-5108People v Siegel, Shana Leave to prosecute appeal as a poor person granted, as indicated. |
| Buckley, P.J., Saxe, Ellerin, Marlow, Gonzalez, JJ. M-5125People v Oaks, Charles Notice of appeal deemed timely filed; leave to prosecute appeal as a poor person granted, as indicated. |
| Buckley, P.J., Andrias, Saxe, Williams, Gonzalez, JJ. M-5237People v Urciuoli, Gerard Leave to prosecute appeal as a poor person denied, with leave to renew, as indicated. |
| Buckley, P.J., Tom, Ellerin, Gonzalez, JJ. M-5047In the Matter of H., Kwesi; H., Menelik; H., Judinyah- Bronx Administration for Children's Services Time to perfect appeals enlarged to the May 2004 Term, as indicated. (See the order of this Court entered on October 30, 2003 [M-3671A]). |
| Buckley, P.J., Saxe, Ellerin, Marlow, Gonzalez, JJ. M-4987People v Rivera, Manuel, also known as Rivera, Angel Notice of appeal from judgment rendered on or about February 5, 2003 deemed timely filed; leave to prosecute appeal as a poor person granted, as indicated. |
| Buckley, P.J., Saxe, Ellerin, Marlow, Gonzalez, JJ. M-5145People v Celpa, Angel Moving papers deemed a timely filed notice of appeal; leave to prosecute appeal as a poor person denied, with leave to renew, as indicated. |
| Buckley, P.J., Sullivan, Ellerin, Williams, Gonzalez, JJ. M-5527Torbochkina v New York Life Insurance and Annuity Corporation, doing business as New York Life Insurance Company Stay denied. Interim relief granted by the order of a Justice of this Court, dated November 26, 2003, vacated. |
| Nardelli, J.P., Mazzarelli, Saxe, Rosenberger, Friedman, JJ. M-5168People v Munoz, Cirilo Leave to prosecute appeal as a poor person granted, as indicated. |
| Nardelli, J.P., Tom, Ellerin, Lerner, Friedman, JJ. M-4751People v Flemming, Woodrow Leave to prosecute appeal as a poor person denied, with leave to renew, as indicated. |
| Nardelli, J.P., Mazzarelli, Sullivan, Rosenberger, Lerner, JJ. M-4541People v O'Garra, Anthony, also known as O'Garro, Anthony, also known as Ogarra, Anthony Time to perfect appeal enlarged to the April 2004 Term. |
| Nardelli, J.P., Tom, Mazzarelli, Marlow, JJ. M-4861People v Caldwell, Jay Enlargement of time to file notice of appeal from judgment rendered on or about October 15, 2001 and other relief denied. Motion deemed one for poor person relief with respect to appeal from order entered on or about June 6, 2003 and granted, as indicated. |
| Nardelli, J.P., Mazzarelli, Andrias, Williams, JJ. M-5183People v Alaovie, Mohmaed Time to perfect appeal enlarged to the April 2004 Term. |
| Nardelli, J.P., Saxe, Rosenberger, Williams, Friedman, JJ. M-5535Gassab v R.T.R.L.L.C. Enlargement of time to perfect appeal denied, as indicated. (See the order of this Court entered on November 25, 2003 [M-5012]). |
| Nardelli, J.P., Saxe, Rosenberger, Williams, Friedman, JJ. M-5537Jackson v Martin Druyan & Associates Reargument granted; stay of trial granted; and appeal previously perfected for the February 2004 Term adjourned to the March 2004 Term. |
| Tom, J.P., Andrias, Saxe, Ellerin, JJ. M-5219Betancourt v Amerada Hess Corporation Dismissal of appeal denied. |
| Tom, J.P., Andrias, Saxe, Ellerin, Friedman, JJ. M-5166People v Carrington, Jonathan Leave to prosecute appeal as a poor person granted, as indicated. |
| Tom, J.P., Andrias, Saxe, Ellerin, JJ. M-5214Herrera v The City of New York Time to perfect appeal enlarged to the April 2004 Term. |
| Tom, J.P., Andrias, Saxe, Ellerin, JJ. M-5246Smith v Hoorfar Time to perfect appeal enlarged to the April 2004 Term. |
| Tom, J.P., Andrias, Saxe, Ellerin, JJ. M-5259People v Alexander, Clyde Enlargement of record on appeal granted; transcription of minutes directed, as indicated; time to perfect appeal enlarged to the May 2004 Term, all as indicated. |
| Tom, J.P., Saxe, Rosenberger, Williams, Gonzalez, JJ. M-4580AScheuer v The City of New York (And a Third-Party Action) Appeal and cross appeals from order entered on or about April 3, 2003 adjourned to the March 2004 Term, for which Term appeal and cross appeals from order entered on or about February 27, 2003 are to be perfected, as indicated. Clerk directed to calendar appeal and cross appeals for hearing together in said Term; supplemental record submitted with moving papers deemed filed. The order of this Court entered November 13, 2003 (corrected order November 20, 2003) is recalled and vacated. |
| Tom, J.P., Andrias, Saxe, Ellerin, JJ. M-5203Greater New York Mutual Insurance Company v M-5345White Night Restoration, Ltd. Dismissal of direct appeal(s) and related relief denied; appellant's brief and record deemed to constitute appeal from judgment entered on or about May 29, 2003 and deemed perfected for the April 2004 Term; plaintiff directed to file second supplemental record on appeal, as indicated; cross motion otherwise denied. |
| Tom, J.P., Andrias, Saxe, Ellerin, JJ. M-5150People v LeBlanc, Lloyd, also known as Williams, Major, also known as Williams, Major Andre Appeal abated and matter remanded to the Supreme Court, New York County, for vacatur of judgment of conviction and dismissal of indictment. |
| Tom, J.P., Andrias, Saxe, Ellerin, JJ. M-5204People v Jackson, Fred Counsel substituted. |
| Mazzarelli, J.P., Sullivan, Lerner, Marlow, Gonzalez, JJ. M-5167People v Gajadhar, Winston Leave to prosecute appeal as a poor person granted, as indicated. |
| Mazzarelli, J.P., Saxe, Lerner, Marlow, JJ. M-5336In the Matter of S., Nilda v K., Dawn Leave to prosecute appeal as a poor person granted to the extent indicated. |
| Mazzarelli, J.P., Saxe, Williams, Lerner, Marlow, JJ. M-4974People v Arcenio, Amilcar Leave to prosecute appeal as a poor person denied, with leave to renew, as indicated. |
| Mazzarelli, J.P., Saxe, Williams, Lerner, Marlow, JJ. M-4989People v Tavares, Pedro Leave to prosecute appeal as a poor person denied, with leave to renew, as indicated. |
| Mazzarelli, J.P., Saxe, Williams, Lerner, Marlow, JJ. M-4993People v Vargas, Francisco Leave to prosecute appeal as a poor person denied, with leave to renew, as indicated. |
| Mazzarelli, J.P., Saxe, Lerner, Marlow, JJ. M-5226People v DeJesus, Rafael Moving papers deemed a timely filed notice of appeal. |
| Andrias, J.P., Rosenberger, Williams, Lerner, JJ. M-5182People v Bohorques, Leonel, also known as Bohorquez, Leonel Appeal deemed withdrawn. |
| Andrias, J.P., Rosenberger, Williams, Lerner, JJ. M-5256Agostino v Soufer Time to perfect appeal enlarged to the April 2004 Term. |
| Andrias, J.P., Saxe, Lerner, Friedman, Marlow, JJ. M-5400Flynn-Federico v Federico M-5401 Appeals consolidated; time to perfect same enlarged to the April 2004 Term; motions otherwise denied. |
| Andrias, J.P., Rosenberger, Williams, Lerner, JJ. M-5266People v Jones, Legrand Notice of appeal deemed timely filed; leave to prosecute appeal as a poor person granted, as indicated. |
| Nardelli, J. M-4665People v Pierce, Richard Leave to appeal to this Court granted, as indicated. |
| Nardelli, J. M-5175People v Moore, Robert Reargument and/or renewal denied. |
| Tom, J. M-4384People v Saunders, John Leave to appeal to this Court denied. |
| Mazzarelli, J. M-5392People ex rel. Lineberger, Jerry v Fischer Leave to appeal to this Court denied, as indicated. |
| Buckley, P.J., Tom, Mazzarelli, Lerner, Friedman, JJ. M-5134In the Matter of Mario L. Bejasa, Jr., 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 report and recommendation, as indicated. No opinion. All concur. |