| THE FOLLOWING MOTION ORDERS WERE ENTERED AND FILED ON DECEMBER 23, 2003 |
| Buckley, P.J., Nardelli, Tom, Mazzarelli, Andrias, JJ. M-5544X AMI Tesa Holdings, L.P. v Telef˘nica S.A. (Counterclaim and Third-party action) M-5550X Incredible Christmas Store - New York, Inc. v RCPI Trust M-5585X Johnson v Overlook Towers Corp. M-5603X The Steinhardt Group Inc. v Citicorp M-5622 People v Robinson, Dexter Appeals withdrawn. |
| Buckley, P.J., Nardelli, Tom, Mazzarelli, Andrias, JJ. M-5541X Tejada v West 187th Street Properties, Inc. Appeal and cross appeal withdrawn. |
| Buckley, P.J., Nardelli, Tom, Mazzarelli, Andrias, JJ. M-5584X Contreras v Vasquez Appeal and cross appeal withdrawn. |
| Buckley, P.J., Nardelli, Tom, Mazzarelli, Andrias, JJ. M-5602X Tocco v Rose Appeal and amended appeal withdrawn. |
| Buckley, P.J., Nardelli, Tom, Mazzarelli, Sullivan, JJ. M-5229 In the Matter of M., Alexis Cassandra - The Children's Aid Society Appeal dismissed unless perfected for the June 2004 Term, as indicated. |
| Buckley, P.J., Saxe, Ellerin, Marlow, Gonzalez, JJ. M-5121 People ex rel. Singleton, Tyrone v Webber; Byrne Proceeding dismissed, as indicated. |
| Buckley, P.J., Nardelli, Tom, Mazzarelli, Sullivan, JJ. M-5143 People v Auguste, John Moving papers deemed a timely filed notice of appeal; leave to prosecute appeal as a poor person granted, as indicated. |
| Buckley, P.J., Nardelli, Tom, Mazzarelli, Sullivan, JJ. M-5426 In the Matter of L., Jacqueline Sharon v G., Pamela - Administration for Children's Services Leave to prosecute appeal as a poor person granted to the extent indicated. |
| Buckley, P.J., Nardelli, Tom, Mazzarelli, Andrias, JJ. M-5406 People v Amor, Cecil, also known as Polanco, Cecil Leave to prosecute appeal as a poor person granted, as indicated. |
| Buckley, P.J., Andrias, Saxe, Williams, Gonzalez, JJ. M-5160 People v Lopez, William The order of this Court entered on May 30, 2003 (M-2369) vacated; continuation of poor person relief granted by the aforesaid order denied, with leave to renew, as indicated; substitution of retained counsel denied, as unnecessary. |
| Buckley, P.J., Nardelli, Tom, Mazzarelli, Sullivan, JJ. M-5362 Meling v Chatsky Time to perfect appeal enlarged to the June 2004 Term. |
| Buckley, P.J., Sullivan, Ellerin, Williams, Gonzalez, JJ. M-5626 West Gate House, Inc. v 860-870 Realty LLC, formerly known as 860 Realty Co./870 Realty Co. Time to perfect appeal enlarged to the April 2004 Term, as indicated. |
| Buckley, P.J., Andrias, Sullivan, Friedman, Gonzalez, JJ. M-5601 Bentacur v The City of New York Stay of trial granted on condition appeal and cross appeal are perfected for the April 2004 Term, as indicated. |
| Buckley, P.J., Sullivan, Ellerin, Williams, Gonzalez, JJ. M-5471 Lovett Productions, Inc. v Cabin Creek Films Stay and related relief denied. |
| Buckley, P.J., Tom, Ellerin, Gonzalez, JJ. M-5258 In re Marino v Morgenthau Attorneys' fees denied. |
| Buckley, P.J., Sullivan, Friedman, Gonzalez, JJ. M-4140 Curtis, Mallet-Prevost, Colt & Mosle, LLP v Garza-Morales Reargument or other relief denied. |
| Buckley, P.J., Mazzarelli, Andrias, Marlow, JJ. M-5156 Robertson v Greenstein Leave to appeal to the Court of Appeals denied. |
| Nardelli, J.P., Mazzarelli, Andrias, Williams, JJ. M-5324 In the Matter of P., Julius Leave to withdraw appeal denied, without prejudice to assigned counsel filing a brief, as indicated. |
| Nardelli, J.P., Saxe, Friedman, Marlow, Gonzalez, JJ. M-5153 JMD Holding Corp. v Congress Financial Corporation M-5241 Appeal dismissed unless perfected for the April 2004 Term, as indicated; enlargement of time to perfect appeal granted to the extent indicated. |
| Nardelli, J.P., Saxe, Rosenberger, Williams, Friedman, JJ. M-5590 Prober v Yousef Appeal adjourned for the February 2004 Term; motion otherwise denied. |
| Nardelli, J.P., Saxe, Rosenberger, Williams, Friedman, JJ. M-5130 Sterling Fifth Associates v Carpentille Corporation, M-5271 Inc. M-5307 Preliminary appellate injunction denied; leave to supplement/enlarge record on appeal denied; Clerk directed to calendar appeals from the orders entered on or about October 14, 2003 and December 5, 2003, for hearing together for the February 2004 Term. |
| Nardelli, J.P., Andrias, Rosenberger, Friedman, JJ. M-4991 In the Matter of G., Dayquon; G., Destiny; P., Dajia and P., Dashawn - Administration for Children's Services Leave to prosecute appeal as a poor person granted to the extent indicated. |
| Nardelli, J.P., Mazzarelli, Rosenberger, Lerner, Friedman, JJ. M-5030 People v Ramos, Rafael, also known as Rafael, Ramos Moving papers deemed a timely filed notice of appeal; leave to prosecute appeal as a poor person denied, with leave to renew, as indicated. |
| Nardelli, J.P., Mazzarelli, Rosenberger, Lerner, Friedman, JJ. M-5032 People v Darbasie, Steven Notice of appeal deemed timely filed. |
| Nardelli, J.P., Tom, Mazzarelli, Ellerin, JJ. M-5147 People v Brenman, Michael Moving papers deemed a timely filed notice of appeal. |
| Nardelli, J.P., Saxe, Rosenberger, Williams, Friedman, JJ. M-5485 Blutreich v Amalgamated Dwellings, Inc. Stay granted on condition appeal perfected for the April 2004 Term, as indicated. |
| Nardelli, J.P., Saxe, Friedman, Marlow, Gonzalez, JJ. M-5186 Kowalska v Budin, Reisman and Schwartz, P.C. Stay of proceedings, including trial, denied; defendants directed to insert typed copy of order appealed from, entered on June 11, 2003, as indicated. |
| Nardelli, J.P., Tom, Andrias, Rosenberger, Friedman, JJ. M-5605 Greater New York Mutual Insurance Company v Mutual Marine Office, Inc. Time to perfect appeal enlarged to the April 2004 Term. |
| Nardelli, J.P., Tom, Andrias, Rosenberger, Friedman, JJ. M-5620 Hirschfeld v Czaja Time to perfect appeal enlarged to the April 2004 Term. |
| Nardelli, J.P., Tom, Andrias, Rosenberger, Friedman, JJ. M-5299 Cruz v The City of New York Time to perfect appeal enlarged to the April 2004 Term. |
| Nardelli, J.P., Saxe, Friedman, Marlow, Gonzalez, JJ. M-5248 Candelario v Teperman Time to perfect appeal enlarged to the April 2004 Term. |
| Nardelli, J.P., Mazzarelli, Andrias, Ellerin, Marlow, JJ. M-4928 In re Blake v Kelly Reargument or other relief denied. |
| Nardelli, J.P., Williams, Friedman, Marlow, Gonzalez, JJ. M-5218 Browne v Prime Contracting Design Corp. Reargument or other relief denied. |
| Nardelli, J.P., Andrias, Rosenberger, Friedman, JJ. M-5155 Neel v The Mount Sinai Hospital Leave to appeal from the Appellate Term denied. |
| Tom, J.P., Saxe, Sullivan, Rosenberger, Lerner, JJ. M-4945 People v Carpenter, Jason Leave to prosecute appeal as a poor person granted, as indicated. |
| Tom, J.P., Saxe, Rosenberger, Williams, Gonzalez, JJ. M-4670 Davis v The City of New York Leave to prosecute purported appeal as a poor person and other relief denied, with leave to renew, as indicated. |
| Tom, J.P., Saxe, Sullivan, Lerner, Friedman, JJ. M-4548 People v Buari, Calvin, also known as Calvin, Buari Time to perfect appeal enlarged to the April 2004 Term. |
| Tom, J.P., Andrias, Saxe, Ellerin, JJ. M-5060 Martin v The City of New York Time to perfect appeal enlarged to the April 2004 Term. |
| Tom, J.P., Andrias, Saxe, Ellerin, JJ. M-5127 People v Giese, Robert, also known as Geise, Robert G., also known as Grese, Robert Enlargement of time to file notice of appeal denied. |
| Tom, J.P., Mazzarelli, Ellerin, Lerner, Marlow, JJ. M-5461 Lamorgese v Dome Tech Engineering Company; Dome Tech Engineering Company v Albert Einstein College of Medicine Stay of trial denied. |
| Mazzarelli, J.P., Saxe, Williams, Lerner, Marlow, JJ. M-4985 People v Lino, Castillo, also known as Lino, Castillo A., also known as Castillo, Lino Leave to prosecute appeal as a poor person denied, with leave to renew, as indicated. |
| Mazzarelli, J.P., Saxe, Lerner, Marlow, JJ. M-5440 In the Matter of D., Quincey Time to perfect appeal enlarged to the April 2004 Term. |
| Mazzarelli, J.P., Saxe, Lerner, Marlow, JJ. M-5379 People v Neloms, John Enlargement of time to file pro se supplemental brief granted for the April 2004 Term, to which Term appeal adjourned, as indicated. |
| Mazzarelli, J.P., Sullivan, Lerner, Marlow, Gonzalez, JJ. M-5361 In the Matter of Consilvio v L., Alan Clarification denied. |
| Mazzarelli, J.P., Saxe, Lerner, Marlow, JJ. M-5306 In the Matter of The TNT Company Limited Partnership v Artificial Intelligence, Inc. Preliminary appellate injunction denied. |
| Andrias, J.P., Rosenberger, Williams, Lerner, JJ. M-5264 People v Amparo, Julian Moving papers deemed a timely filed notice of appeal; leave to prosecute appeal as a poor person granted, as indicated. |
| Andrias, J.P., Rosenberger, Williams, Lerner, JJ. M-5334 People v Smith, Ian Time to perfect appeal enlarged to the April 2004 Term. |
| Andrias, J.P., Rosenberger, Williams, Lerner, JJ. M-5287 People v Hughes, Marlo, also known as Gaskins, Quintil Time to perfect appeal enlarged to the May 2004 Term. |
| Andrias, J.P., Rosenberger, Williams, Lerner, JJ. M-5289 People v Feehan, Brendan Time to perfect appeal enlarged to the May 2004 Term. |
| Andrias, J.P., Rosenberger, Williams, Lerner, JJ. M-5330 People v Wiggins, Carl Time to perfect appeal enlarged to the May 2004 Term. |
| Andrias, J.P., Rosenberger, Williams, Lerner, JJ. M-5141 People v Lugo, Manuel Time to perfect appeal enlarged to the May 2004 Term. |
| Andrias, J.P., Rosenberger, Williams, Lerner, JJ. M-5209 In the Matter of Murphy v The Tax Appeals Tribunal Time to perfect proceeding enlarged to the April 2004 Term. |
| Andrias, J.P., Rosenberger, Williams, Lerner, JJ. M-5337 Krug v Snapper-Bear, Inc. CPLR 5704(a) relief denied, without prejudice to further proceedings in Supreme Court. |
| Saxe, J.P., Sullivan, Rosenberger, Friedman, Gonzalez, JJ. M-4715 In the Matter of J., Evonne Wanda, also known as J., Yvonne - The Children's Village Leave to prosecute appeal as a poor person granted to the extent indicated. |
| Rosenberger, J.P., Lerner, Friedman, Marlow, JJ. M-5260 People v Luke, Denzil Notice of appeal amended, as indicated; poor person relief previously granted extended to cover same. |
| Rosenberger, J.P., Lerner, Friedman, Marlow, Gonzalez, JJ. M-4907 McDonald v Riverbay Corporation Reargument or other relief denied. |
| Nardelli, J. M-4290 People v Afflic, David Leave to appeal to this Court denied. |
| Mazzarelli, J. M-4536 People v Jones, Leon Leave to appeal to this Court denied. |
| Marlow, J. M-4906 People v Burney, Raymond, also known as Williams, Joseph Leave to appeal to this Court and other relief denied. |
| Marlow, J. M-5037 People v Morales, Carmelo Leave to appeal to this Court and other relief denied. |
| Nardelli, J.P., Mazzarelli, Saxe, Ellerin, Williams, JJ. M-5463In the Matter of Attorneys Who Are in Violation of Judiciary Law Section 468-a: Gary Philip Kaplan, admitted on March 5, 1980, 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. |
| THE FOLLOWING ORDER WAS ENTERED AND FILED ON DECEMBER 18, 2003 |
| Buckley, P.J., Nardelli, Tom, Mazzarelli, Andrias, JJ. M-5791X In the Matter of Wittenberg v Investec Ernst & Co. Appeal withdrawn. |