| THE FOLLOWING MOTION ORDERS WERE ENTERED AND FILED ON JANUARY 13, 2004 |
| Buckley, P.J., Nardelli, Tom, Mazzarelli, Andrias, JJ. M-5796XSheraton Corporation v LeBoeuf, Lamb Greene & MacRae, L.L.P. M-5798XWilson v Rosenthal M-5799XWarminster Investors Corporation v Pasta Vicci, Inc. M-5828XWesley v The New York City Housing Authority M-5829XTower Seventh Associates Limited Partnership v Oxford Capital Corp. M-5830XMatsuda v Detomaso M-5889XAldo Frustaci Iron Works, Inc. v Promatech, Inc. M-5890XZimmerman v Zimmerman M-5891XLall v Moyer M-5892XGrenadeir Parking Corp. v Landmark Associates M-5893XBank of New York v Chase Manhattan Bank M-5894XMitchell v Walgreen Eastern Co., Inc. M-5895XPetrycki v Petrycki M-5920People v Rhames, Samuel Appeals withdrawn. |
| Buckley, P.J., Tom, Ellerin, Marlow, JJ. M-4969Tri-State Environmental Contracting, Inc. v Carnegie Hall Corporation Appeal and cross appeal withdrawn. (See M-5797X decided simultaneously herewith). |
| Buckley, P.J., Tom, Ellerin, Marlow, JJ. M-5797XTri-State Environmental Contracting, Inc. v Carnegie Hall Corporation Appeal and cross appeal withdrawn. (See M-4969 decided simultaneously herewith). |
| Buckley, P.J., Nardelli, Tom, Mazzarelli, Andrias, JJ. M-5834Reitler Brown LLC v Salans Appeal, previously perfected for the February 2004 Term, withdrawn. |
| Buckley, P.J., Nardelli, Tom, Mazzarelli, Andrias, JJ. M-5836Barkley v West Contracting Corp. Appeal, previously perfected for the February 2004 Term, withdrawn. |
| Buckley, P.J., Nardelli, Tom, Mazzarelli, Andrias, JJ. M-5843Cho v Cho Appeals, previously perfected for the February 2004 Term, withdrawn. |
| Buckley, P.J., Nardelli, Tom, Mazzarelli, Andrias, JJ. M-5864Silver Hill Hospital, Inc. v Swasey Appeal, previously perfected for the February 2004 Term, withdrawn. |
| Buckley, P.J., Nardelli, Tom, Mazzarelli, Andrias, JJ. M-5837Certain Underwriters at Lloyd's London v New Jersey Property Liability Insurance Guaranty Association Appeal, previously perfected for the April 2004 Term, withdrawn. |
| Buckley, P.J., Tom, Ellerin, Marlow, Gonzalez, JJ. M-5663Padilla v Freelund M-5664 Appeal dismissed unless perfected for the April 2004 Term, as indicated. |
| Buckley, P.J., Andrias, Saxe, Williams, Gonzalez, JJ. M-5235People v Taylor, Phillip, also known as Taylor, Phillip A. Leave to prosecute appeal as a poor person granted, as indicated. |
| Buckley, P.J., Nardelli, Tom, Mazzarelli, Andrias, JJ. M-5793People v Jennings, Thomas Counsel substituted. |
| Buckley, P.J., Nardelli, Tom, Mazzarelli, Andrias, JJ. M-5794People v Myers, Dorothy Counsel substituted. |
| Buckley, P.J., Nardelli, Tom, Mazzarelli, Andrias, JJ. M-5795People v Smith, Anderson Counsel substituted. |
| Buckley, P.J., Andrias, Saxe, Williams, Gonzalez, JJ. M-5222People v Pena, Victorino Moving papers deemed a timely filed notice of appeal; leave to prosecute appeal as a poor person granted, as indicated. |
| Buckley, P.J., Andrias, Saxe, Williams, Gonzalez, JJ. M-5224People v Andino, Jose Moving papers deemed a timely filed notice of appeal; leave to prosecute appeal as a poor person granted, as indicated. |
| Buckley, P.J., Tom, Ellerin, Marlow, JJ. M-5665People v Byfield, Donovan Leave to file pro se supplemental brief and other relief granted, as indicated. |
| Buckley, P.J., Andrias, Sullivan, Friedman, Gonzalez, JJ. M-5673People v Colon, Ramon Time to perfect appeal enlarged to the May 2004 Term. |
| Buckley, P.J., Tom, Ellerin, Marlow, JJ. M-5682People v Schwartz, Howard and Finkelstein, Steven Enlargement of time in which to file complete transcript granted to on or before February 2, 2004 for the April 2004 Term; motion otherwise denied. |
| Buckley, P.J., Andrias, Sullivan, Friedman, Gonzalez, JJ. M-5437G&T Food Associates Corp. v Midtown Market Diner, Inc. Stay denied; interim relief granted by order of a Justice of this Court, dated November 20, 2003, vacated. |
| Buckley, P.J., Tom, Ellerin, Gonzalez, JJ. M-5488Urban Archaelogy Ltd. v Dencorp Investments, Inc. Appellant directed to perfect consolidated appeal for the May 2004 Term, as indicated; motion otherwise denied. |
| Buckley, P.J., Tom, Ellerin, Marlow, JJ. M-5745Totaro v New York City Housing Authority (And a Third Party Action) Stay of trial denied. |
| Buckley, P.J., Nardelli, Tom, Friedman, Marlow, JJ. M-5573People v Charles, Gerald Leave to file pro se supplemental brief and other relief denied; appeal adjourned to the April 2004 Term. |
| Buckley, P.J., Nardelli, Tom, Friedman, Marlow, JJ. M-5827Guerrero v Carva Leave to strike cross appeal and other relief denied. |
| Buckley, P.J., Nardelli, Mazzarelli, Williams, Gonzalez, JJ. M-4817P.A. Building Company v The City of New York Stay of trial denied, as indicated. |
| Nardelli, J.P., Mazzarelli, Andrias, Ellerin, Marlow, JJ. M-4030AIn the Matter of McF., Nichelle; McF., Desmond- Administration for Children's Services Upon the Court's own motion, counsel assigned. (See this Court's order entered on November 6, 2003 [M-4030], granting leave to prosecute appeal as a poor person). |
| Nardelli, J.P., Mazzarelli, Andrias, Sullivan, Lerner, JJ. M-4659AIn the Matter of H., Nicole; J., Chazz- Administration for Children's Services Upon the Court's own motion, counsel assigned. (See this Court's order entered on November 18, 2003 [M-4659], granting leave to prosecute appeal as a poor person). |
| Nardelli, J.P., Tom, Ellerin, Lerner, Friedman, JJ. M-4840Ramirez v Columbia-Presbyterian Medical Center Leave to prosecute appeal as a poor person denied, with leave to renew, as indicated. |
| Nardelli, J.P., Saxe, Rosenberger, Williams, Friedman, JJ. M-5281Amadasu v Bronx Lebanon Hospital Center, Inc. M-5310 Leave to prosecute appeal as a poor person from the order of the Supreme Court entered May 7, 2003, denied, with leave to renew, as indicated. Appeal from order of the said Court entered July 23, 2002 dismissed. |
| Nardelli, J.P., Saxe, Rosenberger, Williams, Friedman, JJ. M-5388Martinez v The New York City Housing Authority Time to perfect appeal enlarged to the April 2004 Term. |
| Nardelli, J.P., Tom, Andrias, Rosenberger, Friedman, JJ. M-5499People v Wilson, Nathaniel, also known as Wilson, Nathanial Time to perfect appeal enlarged to the May 2004 Term. |
| Nardelli, J.P., Saxe, Rosenberger, Williams, Friedman, JJ. M-5496People v Thomas, Yvonne Time to perfect appeal enlarged to the June 2004 Term. |
| Nardelli, J.P., Tom, Mazzarelli, Marlow, JJ. M-4862In the Matter of Daum v Tessler Leave to appeal to this Court and other relief denied. |
| Nardelli, J.P., Mazzarelli, Sullivan, Rosenberger, Lerner, JJ. M-5507Conlon v Becksmad Associates This Court's order entered on October 28, 2003 (M-4271/M-4516) modified to the extent of vacating enlargement of record, as indicated. Appeal adjourned to the February 2004 Term. |
| Tom, J.P., Andrias, Saxe, Ellerin, Friedman, JJ. M-3300AIn the Matter of G., Angel Shante; M-3301AG., Christia Brittany; G., Robin Jamal- M-3302A-New York Foundling Hospital Upon the Court's own motion, counsel assigned. (See this Court's order, entered on August 21, 2003 [M-3300/M-3301/M-3302], granting leave to prosecute appeal as a poor person). |
| Tom, J.P., Andrias, Saxe, Williams, JJ. M-4697AIn the Matter of LaP., Miranda- -Administration for Children's Services Upon the Court's own motion, counsel assigned. (See this Court's order, entered on November 25, 2003 [M-4697], granting leave to prosecute appeal as a poor person). |
| Tom, J.P., Saxe, Ellerin, Williams, Marlow, JJ. M-5629Atlantic Mutual Insurance Company v The Hartford Insurance Company Reargument and other relief denied, as indicated. |
| Mazzarelli, J.P., Andrias, Saxe, Williams, Friedman, JJ. M-5449In the Matter of Messier v Vivendi Universal, S.A. M-5711 Appeal dismissed unless perfected for the May 2004 Term, as indicated; enlargement of time to perfect same granted accordingly. |
| Mazzarelli, J.P., Saxe, Lerner, Marlow, JJ. M-5114ADrakeford v The State of New York Department of Corrections Appeal dismissed. (The order of this Court entered on January 6, 2004 [M-5114] recalled and vacated). |
| Mazzarelli, J.P., Andrias, Saxe, Williams, Friedman, JJ. M-5582People v West, Oliver Giola, Jr. Leave to respond to appeal as a poor person granted, as indicated. |
| Mazzarelli, J.P., Saxe, Williams, Marlow, Gonzalez, JJ. M-4939People v Hamm, Jeffrey, also known as Hamm, Jeffery Leave to prosecute appeal as a poor person denied, with leave to renew, upon defendant's compliance with the specific conditions set forth in the prior order of this Court entered on June 24, 2003 (M-1810), as indicated. |
| Mazzarelli, J.P., Andrias, Saxe, Williams, Marlow, JJ. M-5707Simons v Ross Appeal adjourned to the March 2004 Term. Respondent directed to file answering brief on or before February 4, 2004 for said Term. |
| Mazzarelli, J.P., Andrias, Saxe, Williams, Marlow, JJ. M-5777The New York Times Newspaper Division of the New York Times Company v Lehrer McGovern Bovis, Inc. (And a Third Party Action) Time to perfect appeal and cross appeal enlarged to the June 2004 Term. Stay granted by an order of this Court entered on August 21, 2003 (M-3120) continued, as indicated. |
| Mazzarelli, J.P., Andrias, Saxe, Williams, Friedman, JJ. M-5616People v Nunez, Jose Moving papers deemed a timely filed notice of appeal from the judgment rendered on or about January 14, 2003 (Ind. No. 2057/02). Appeals consolidated. Poor person relief previously granted by a prior order of this Court entered on or about April 22, 2003 (M-1040, Ind. No. 810/02) continued to cover both appeals. |
| Mazzarelli, J.P., Andrias, Saxe, Williams, Friedman, JJ. M-5638People v Diaz, Michael Moving papers deemed a timely filed notice of appeal; leave to prosecute appeal as a poor person granted, as indicated. |
| Mazzarelli, J.P., Andrias, Saxe, Williams, Friedman, JJ. M-5577People v Warner, Alexander, also known as Alexander, Warner Moving papers deemed a timely filed notice of appeal; leave to prosecute appeal as a poor person granted, as indicated. |
| Mazzarelli, J.P., Andrias, Saxe, Williams, Marlow, JJ. M-5680People v McCaa, Jason Leave to file pro se supplemental brief granted, as indicated. |
| Mazzarelli, J.P., Andrias, Saxe, Williams, Marlow, JJ. M-5681People v Dushain, Carl Leave to file pro se supplemental brief granted, as indicated. |
| Mazzarelli, J.P., Andrias, Saxe, Williams, Marlow, JJ. M-5736Maimis-Knox Group, Inc. v Grant Central Zocalo, LLC Stay of trial granted. |
| Rosenberger, J.P., Lerner, Friedman, Marlow, JJ. M-5276In the Matter of L., Emma; C., Shantay- -Bronx Administration for Children's Services Leave to prosecute appeal as a poor person denied, as indicated. |
| Marlow, J. M-5293People v Rodriguez, Larry Leave to appeal to this Court and other relief denied. |