| THE FOLLOWING MOTION ORDERS WERE ENTERED AND FILED ON AUGUST 25, 2005 |
| Buckley, P.J., Tom, Mazzarelli, Andrias, Saxe, JJ. M-3966X Southtrust Bank v Stathis Enterprises, LLC M-3967X Burke v Bed Bath & Beyond, Inc. M-3876X Retail Resources, L.P. v Bed Bath & Beyond, Inc. M-3997 People v Suggs, Kevin M-4193 People v Mundo, Jose Appeals withdrawn. |
| Buckley, P.J., Tom, Mazzarelli, Andrias, Saxe, JJ. M-4050 Cahn v Sal. Oppenheim Jr. Appeal, previously perfected for the September 2005 Term, withdrawn. |
| Buckley, P.J., Tom, Mazzarelli, Andrias, Saxe, JJ. M-4051 Fisk Building Associates, L.L.C. v Integrity Title Agency, Inc. Appeal, previously perfected for the September 2005 Term, withdrawn. |
| Buckley, P.J., Tom, Mazzarelli, Andrias, Saxe, JJ. M-4187 Johnson v New York City Board of Education Appeal, previously perfected for the September 2005 Term, withdrawn. |
| Buckley, P.J., Tom, Mazzarelli, Andrias, Saxe, JJ. M-4191 De Meo v Wendgate Corp., doing business as Wendy's (And a third-party action) Appeal, previously perfected for the September 2005 Term, withdrawn. |
| Buckley, P.J., Tom, Mazzarelli, Andrias, Saxe, JJ. M-4011 In the Matter of IESI NY Corp. v Martinez Proceeding withdrawn. |
| Buckley, P.J., Tom, Mazzarelli, Andrias, Saxe, JJ. M-4012 In the Matter of Roadway Contracting, Inc. v Martinez Proceeding withdrawn. |
| Buckley, P.J., Tom, Mazzarelli, Andrias, Saxe, JJ. M-3644 People v Allen, Brandon M-3645 Alvarez, Cesar M-3648 Gordon, Jameel, also known as Gordon, Jameel R. M-3653 Middleton, Franklin M-3656 Mitchell, Curtis M-3657 Ortiz, Ambioris Leave to prosecute appeals as poor persons granted, as indicated. |
| Buckley, P.J., Tom, Mazzarelli, Andrias, Saxe, JJ. M-3658 People v Payton, Tyrone Leave to prosecute appeal as a poor person granted, as indicated. |
| Buckley, P.J., Tom, Mazzarelli, Andrias, Saxe, JJ. M-3659 People v Rodriguez, Jonathan Leave to prosecute appeal as a poor person granted, as indicated. |
| Buckley, P.J., Tom, Mazzarelli, Andrias, Saxe, JJ. M-3661 People v Valdivia, Mario Leave to prosecute appeal as a poor person granted, as indicated. |
| Buckley, P.J., Tom, Mazzarelli, Andrias, Saxe, JJ. M-177A People v Cherry, Lamont Leave to prosecute appeal as a poor person granted, as indicated; the order of this Court entered on February 3, 2005 (M-177) recalled and vacated. |
| Buckley, P.J., Tom, Mazzarelli, Andrias, Saxe, JJ. M-3654 People v Miller, Steph, also known as Lomiller, Stephen Leave to respond to appeal as a poor person granted, as indicated. |
| Buckley, P.J., Tom, Mazzarelli, Saxe, Friedman, JJ. M-3025 People v Perez, Victor Poor person relief previously granted by order of this Court entered May 4, 1999 (M-2317) and the assignment of counsel granted by order entered on July 15, 1999 (M-3716) extended to cover judgment of resentence rendered on or about June 30, 2005, as indicated. |
| Buckley, P.J., Tom, Mazzarelli, Saxe, Friedman, JJ. M-2573 People v Ali-Kdouh, Yasser Counsel substituted. |
| Buckley, P.J., Tom, Mazzarelli, Saxe, Friedman, JJ. M-2877 People v Thompson, Rodgine Counsel substituted. |
| Buckley, P.J., Tom, Mazzarelli, Saxe, Friedman, JJ. M-2928 People v Davis, Richard Counsel substituted. |
| Buckley, P.J., Tom, Mazzarelli, Saxe, Friedman, JJ. M-3017 People v Graham, Charles, Jr. Counsel substituted. |
| Buckley, P.J., Tom, Mazzarelli, Saxe, Friedman, JJ. M-3092 People v Patterson, Bryant Counsel substituted. |
| Buckley, P.J., Mazzarelli, Ellerin, Williams, Sweeny, JJ. M-1526 In re: New York City Asbestos Litigation Klopsis v A.O. Smith Water Products Co. Reargument granted and, upon reargument the decision and order of this Court entered on March 3, 2005 (Appeal Nos. 5523-24) recalled and vacated and a new decision and order substituted therefor. (See Appeal Nos. 5523-24, decided simultaneously herewith). Leave to appeal to the Court of Appeals denied. |
| Buckley, P.J., Marlow, Ellerin, Gonzalez, Sweeny, JJ. M-2398 235 West 71 Street, LLC v Chechak Leave to appeal to the Court of Appeals denied. |
| Tom, J.P., Sullivan, Ellerin, Nardelli, Williams, JJ. M-2532 Cubas v Martinez Stay vacated unless appeal perfected for the November 2005 Term, as indicated; motion otherwise denied. |
| Tom, J.P., Sullivan, Ellerin, Nardelli, Williams, JJ. M-3109 Kalisch v Maple Trade Finance Corporation Reargument denied. |
| Mazzarelli, J.P., Andrias, Saxe, Marlow, Gonzalez, JJ. M-337A In the Matter of B., Steven v S., Makeeba Leave to respond to appeal as a poor person granted, as indicated; the order of this Court entered March 24, 2005 (M-337) recalled and vacated. |
| Andrias, J.P., Marlow, Gonzalez, Sweeny, Catterson, JJ. M-3051 Haller v Montefiore Medical Center Appeal deemed withdrawn. |
| Andrias, J.P., Marlow, Sullivan, Ellerin, Nardelli, JJ. M-2514A People v DeJesus, Ernesto Leave to prosecute appeal as a poor person granted, as indicated; the order of this Court entered on June 30, 2005 (M-2514) recalled and vacated. |
| Andrias, J.P., Marlow, Gonzalez, Sweeny, Catterson, JJ. M-3422 People v Ruiz, Victor Leave to prosecute appeal as a poor person and related relief granted; Clerk of the Supreme Court shall expeditiously have made and filed with the criminal court two transcripts of the SORA hearing and other proceedings, all as indicated. |
| Andrias, J.P., Marlow, Gonzalez, Sweeny, Catterson, JJ. M-3426 People v Ginyard, Glenn Leave to prosecute appeal as a poor person and related relief granted; Clerk of the Supreme Court shall expeditiously have made and filed with the criminal court two transcripts of the SORA hearing and other proceedings, all as indicated. |
| Andrias, J.P., Marlow, Gonzalez, Sweeny, Catterson, JJ. M-3200 People v Rodriguez, Atahualpa Poor person relief previously granted by order of this Court entered April 3, 2003 (M-1070) extended to cover judgment of resentence rendered on or about June 22, 2005, as indicated. |
| Andrias, J.P., Marlow, Gonzalez, Sweeny, Catterson, JJ. M-3179 In the Matter of Molloy v The New York City Police Department Leave to prosecute appeal as a poor person granted to the extent indicated; assignment of counsel denied. |
| Andrias, J.P., Marlow, Gonzalez, Sweeny, Catterson, JJ. M-3361 People v Garcia, Luis Leave to prosecute appeal as a poor person denied, with leave to renew, as indicated. |
| Andrias, J.P., Marlow, Gonzalez, Sweeny, Catterson, JJ. M-3660 People v Sako, Mohamed, also known as Sako, Mohamed Lamine Leave to prosecute appeal as a poor person denied, with leave to renew, as indicated. |
| Andrias, J.P., Marlow, Gonzalez, Sweeny, Catterson, JJ. M-3342 People v Beazer, Lamont Time to perfect appeal enlarged to the December 2005 Term. |
| Andrias, J.P., Marlow, Gonzalez, Sweeny, Catterson, JJ. M-3863 In the Matter of C., Wilfredo, Jr. Time to perfect appeal enlarged to the December 2005 Term. |
| Andrias, J.P., Marlow, Gonzalez, Sweeny, Catterson, JJ. M-3850 The Residential Board of Managers of the 99 Jane Street Condominium v Rockrose Development Corp. (And a third-party action) Time to perfect appeal and cross appeal enlarged to the December 2005 Term. |
| Andrias, J.P., Marlow, Gonzalez, Sweeny, Catterson, JJ. M-3856 In the Matter of P., Christopher and P., Brian Administration for Children's Services Office of Legal Affairs Time to perfect appeals enlarged to the January 2006 Term. |
| Andrias, J.P., Marlow, Gonzalez, Sweeny, Catterson, JJ. M-3630 Pena v Alves Stay denied. |
| Andrias, J.P., Marlow, Gonzalez, Sweeny, Catterson, JJ. M-3719 Hendiazad, doing business as Amrik Galleries v ACP Amsterdam Development, LLC Stay and related relief denied. |
| Andrias, J.P., Marlow, Gonzalez, Sweeny, Catterson, JJ. M-3805 Martinez v New York Presbyterian Hospital, also known as Columbia Presbyterian Medical Center Stay denied. |
| Andrias, J.P., Marlow, Gonzalez, Sweeny, Catterson, JJ. M-4028 In the Matter of Mehr v Salomon Smith Barney, Inc. Stay denied. |
| Andrias, J.P., Marlow, Gonzalez, Sweeny, Catterson, JJ. M-3431 Imclone Systems Incorporated v Waksal Stay granted; expedited briefing schedule denied. |
| Andrias, J.P., Marlow, Gonzalez, Sweeny, Catterson, JJ. M-3841 Transit Management & Consulting Co., Inc. v Jofaz Transportation, Inc. Preliminary appellate injunction denied. |
| Andrias, J.P., Marlow, Gonzalez, Sweeny, Catterson, JJ. M-4000 A & C Industries, Inc. v 34th Street Penn Association Preliminary appellate injunction or alternative relief denied. |
| Andrias, J.P., Marlow, Gonzalez, Sweeny, Catterson, JJ. M-3394 Gondal v New York Stock Exchange Leave to prosecute appeal as a poor person granted to the extent indicated; time to perfect appeal enlarged to the December 2005 Term; assignment of counsel denied. |
| Andrias, J.P., Marlow, Gonzalez, Sweeny, Catterson, JJ. M-3183 People v Felix, Jose Poor person relief previously granted by order of this Court entered June 25, 1996 (M-3439) extended to cover judgment of resentence rendered on or about May 26, 2005, as indicated. |
| Andrias, J.P., Marlow, Gonzalez, Sweeny, Catterson, JJ. M-3276 In the Matter of Carpinello v A., Floyd Caption amended, as indicated. |
| Andrias, J.P., Marlow, Gonzalez, Sweeny, Catterson, JJ. M-3851 Thomas v 14 Rollins Street Realty Corp. Respondents directed to serve and file respondents' brief on or before October 5, 2005 for the November 2005 Term, to which Term appeal adjourned. |
| Andrias, J.P., Marlow, Gonzalez, Sweeny, Catterson, JJ. M-3544 National Union Fire Insurance Company of Pittsburgh, P.A. v Ferrell & Meyers, Inc., doing business as HEAVY D & The BOYZ Plaintiff-appellant allowed to file items in question as an exhibit, as indicated; time to perfect appeal enlarged to the January 2006 Term. |
| Andrias, J.P., Marlow, Gonzalez, Sweeny, Catterson, JJ. M-3974 Rusin v Grasso Documents appearing in pp. 1-17 and pp. 298-299 in record on appeal deemed stricken; appellant direct to delete said pages from record on appeal heretofore filed and correct table of contents; appeal adjourned to the October 2005 Term, with leave to respondent to file supplemental record on appeal, all as indicated; motion otherwise denied. |
| Andrias, J.P., Marlow, Gonzalez, Sweeny, Catterson, JJ. M-3714 Mann v The Cooper Tire Company Appeal adjourned to the November 2005 Term; motion otherwise denied. |
| Andrias, J.P., Marlow, Gonzalez, Sweeny, Catterson, JJ. M-4005 Stapleton Studios, LLC v The City of New York Leave to strike plaintiffs-respondents-appellants' reply brief and related relief denied, without prejudice to addressing the issues upon argument of appeal. |
| Andrias, J.P., Marlow, Gonzalez, Sweeny, Catterson, JJ. M-3903 Doe v Madison Medical-The Private Practice Group of New York, L.L.P. (And a third-party action) Appeal deemed withdrawn. |
| Saxe, J.P., Marlow, Ellerin, Nardelli, Sweeny, JJ. M-2820 Silber v Emigrant Savings Bank Reconsideration denied. |
| Mazzarelli, J. M-1877 People v Rodriguez, Elias Leave to appeal to this Court denied. |
| Friedman, J. M-3067 People v Anonymous Leave to appeal to this Court and other relief denied. |
| Marlow, J. M-2829 People v Diaz, Pedro Reargument/renewal denied. |
| Marlow, J. M-2929 People v Romero, Ubaldo Reargument/renewal and other relief denied. |
| Marlow, J. M-3186 People v Vasquez, Juan Leave to appeal to this Court denied. |
| The following orders were entered and filed on August 18, 2005: |
| Andrias, J.P., Marlow, Gonzalez, Sweeny, Catterson, JJ. M-4142 E.G.A. Associates, Inc. v HRH Construction LLC CPLR 5704(a) relief denied. |
| Andrias, J.P., Marlow, Gonzalez, Sweeny, Catterson, JJ. M-4067 Ortega v Machuca CPLR 5704(a) and related relief denied. |
| Andrias, J.P., Marlow, Gonzalez, Sweeny, Catterson, JJ. M-3709 Hernandez v Robles M-3725 Amicus curiae brief submitted with respective moving papers deemed filed; defendant-appellant granted leave to request additional time to file reply brief, if so advised. |
| Andrias, J.P., Marlow, Gonzalez, Sweeny, Catterson, JJ. M-3396 Roberts v 112 Duane Reade Associates, LLC; M-3767 112 Duane Associates, LLC v The Mackenzie Group M-3775 M-3837 Time in which to perfect direct appeal and respective cross appeals from order entered on or about September 21, 2004 enlarged to the December 2005 Term, for which Term Executor Greco directed to perfect appeal from order entered on or about July 22, 2004, all as indicated. |
| Saxe, J.P., Friedman, Marlow, Gonzalez, Sweeny, JJ. M-4490 Adames v The Board of Election in the City of New York CPLR 5704(a) and related relief denied. |