| THE FOLLOWING MOTION ORDERS WERE ENTERED AND FILED ON DECEMBER 15, 2005 |
| Buckley, P.J., Tom, Mazzarelli, Andrias, Saxe, JJ. M-6669X The Residential Condominium Committee of the 45 West 67th Street Condominium v Stein M-6670X Sullivan & Cromwell, LLP v Mark Ross Services Corporation M-6671X Yen v Silva M-6691X Travelers Indemnity Company v S.L. Green Real Estate M-6706 People v Conner, Michael Appeals withdrawn. |
| Buckley, P.J., Tom, Mazzarelli, Andrias, Saxe, JJ. M-6694 Estate of Vitale v Eventquest, Inc. (And a third-party action) Appeal, previously perfected for the November 2005 Term, withdrawn. |
| Buckley, P.J., Nardelli, Williams, Gonzalez, McGuire, JJ. M-5770 People v Wilson, Edgar S. Leave to prosecute appeal as a poor person denied, with leave to renew, as indicated. |
| Buckley, P.J., Tom, Saxe, Gonzalez, Malone, JJ. M-5326 In the Matter of Bens, Alphatrus, Jr. v Horton, Tracey Motion dismissed, as indicated. (See M-5970, decided simultaneously herewith.) |
| Tom, J. M-5970 In the Matter of Bens, Alphatrus, Jr. v Horton, Tracey Motion dismissed, as indicated. (See M-5326, decided simultaneously herewith.) |
| Buckley, P.J., Tom, Mazzarelli, Andrias, Saxe, JJ. M-6200 Carver v Hopgood, Calimafde, Kalil & Judlowe, LLP Appeal from order entered on or about April 18, 2005 reinstated and consolidated with appeal from order entered on or about September 29, 2005 for the April 2006 Term; cross appeal from order entered on or about September 26, 2005 dismissed; Clerk directed to calendar appeals for hearing together in said April 2006 Term. |
| Buckley, P.J., Andrias, Saxe, Nardelli, Malone, JJ. M-6081 Rosado v Cassano Time to perfect appeal enlarged to the May 2006 Term. |
| Buckley, P.J., Nardelli, Williams, Gonzalez, McGuire, JJ. M-5111 Cruz v Serio M-5775 Proceeding dismissed unless perfected for the April 2006 Term, as indicated; time to perfect proceeding enlarged to said Term; stay of enforcement granted by order of Supreme Court, New York County, dated May 3, 2004, vacated. |
| Buckley, P.J., Andrias, Saxe, Nardelli, Malone, JJ. M-6224 Feal v Turner Construction Company Dismissal of appeal denied; time to perfect appeal enlarged to the June 2006 Term. (See M-6493 through M-6504, decided simultaneously herewith.) |
| Tom, J.P., Marlow, Williams, Gonzalez, Malone JJ. M-6493/M-6494/M-6495 Botch v The City of New York M-6496/M-6497/M-6498 (and 11 other actions) M-6499/M-6500/M-6501 M-6502/M-6503/M-6504 Time to perfect all appeals enlarged to the June 2006 Term. (See M-6224, decided simultaneously herewith.) |
| Tom, J.P., Friedman, Nardelli, Sweeny, Malone, JJ. M-6207A People v Franceschini, Vinerio Notice of appeal deemed timely filed; leave to prosecute appeal as a poor person granted, as indicated. (See M-6207, decided simultaneously herewith.) |
| Malone, J. M-6207 People v Franceschini, Vinerio Bail or other relief denied. (See M-6207A, decided simultaneously herewith.) |
| Tom, J.P., Friedman, Nardelli, Sweeny, Malone, JJ. M-6223 In the Matter of B., Russell v T., Christine Leave to prosecute appeal as a poor person denied, with leave to renew, as indicated. |
| Tom, J.P., Marlow, Gonzalez, Sweeny, McGuire, JJ. M-6295 In the Matter of A., Christian Time to perfect appeal enlarged to the April 2006 Term. |
| Tom, J.P., Mazzarelli, Andrias, Friedman, JJ. M-630 People v Young, Jerry Reargument denied. |
| Tom, J.P., Marlow, Williams, Gonzalez, Malone, JJ. M-6424 People v Adames, Rafael Reynoso Time to file pro se supplemental brief on consolidated appeals enlarged to the April 2006 Term, to which Term consolidated appeals adjourned, as indicated. |
| Tom, J.P., Marlow, Williams, Gonzalez, Malone, JJ. M-6454 People v Covington, Ronnie, also known as Covington, Ronald Leave to file pro se supplemental brief granted for the April 2006 Term, to which Term appeal adjourned, as indicated; motion otherwise denied. |
| Tom, J.P., Marlow, Williams, Gonzalez, McGuire, JJ. M-6430 Academic Health Professionals Insurance Association, M-6332 A Reciprocal Insurer v M.Q. of New York, Inc. (And other actions) Appeal adjourned to the April 2006 Term, without prejudice to addressing the issues on appeal; respondent(s) granted leave to serve and file a supplemental record on appeal, if necessary; motions otherwise denied. |
| Tom, J.P., Marlow, Williams, Gonzalez, Malone, JJ. M-6426 People v Word, Diane Proposed pro se supplemental brief submitted with moving papers deemed timely filed for the April 2006 Term, to which Term appeal adjourned. |
| Tom, J.P., Andrias, Gonzalez, Sweeny, JJ. M-6266 People v Ortiz, Pavan Direct appeal from judgment rendered on or about September 10, 2002, adjourned to the April 2006 Term; time to perfect consolidated direct appeal and CPL 440 appeal enlarged to said Term, as indicated. |
| Tom, J.P., Marlow, Williams, Gonzalez, Malone, JJ. M-6423 People v Jackson, Tyrone Leave to file pro se supplemental brief granted for the April 2006 Term, to which Term appeal adjourned, as indicated. |
| Tom, J.P., Andrias, Gonzalez, Sweeny, JJ. M-6604 People v Ortega, Edwin Leave to file pro se supplemental brief granted for the April 2006 Term, to which Term appeal adjourned, as indicated. |
| Mazzarelli, J.P., Saxe, Marlow, Gonzalez, Sweeny, JJ. M-4591 In re Comptroller of the City of New York M-4773 v Mayor of the City of New York Leave to appeal to the Court of Appeals granted, as indicated. |
| Mazzarelli, J.P., Marlow, Williams, Sweeny, Catterson, JJ. M-5743 People v Diaz, Felix Polanco Appeal dismissed. |
| Mazzarelli, J.P., Marlow, Williams, Sweeny, Catterson, JJ. M-6001 In the Matter of K., Robert; J., Kevin and J., Keith Administration for Children's Services Appeal dismissed. |
| Mazzarelli, J.P., Friedman, Nardelli, Sweeny, McGuire, JJ. M-6080 Townhouse Company, L.L.C. v Williams Appeal taken by defendant dismissed; time for plaintiff to perfect cross appeal as a direct appellant enlarged to the April 2006 Term. |
| Mazzarelli, J.P., Friedman, Nardelli, Sweeny, McGuire, JJ. M-6092 People v Sample, Frederick Leave to prosecute appeal as a poor person granted, as indicated. |
| Mazzarelli, J.P., Friedman, Nardelli, Sweeny, McGuire, JJ. M-6025 People v Smith, James Leave to prosecute appeal as a poor person denied, with leave to renew, as indicated. |
| Mazzarelli, J.P., Marlow, Williams, Sweeny, Catterson, JJ. M-6113 65 East 54th Street Corp. v R.O.S. Restaurant Corp. Time to perfect appeal enlarged to the April 2006 Term. |
| Mazzarelli, J.P., Marlow, Williams, Sweeny, Catterson, JJ. M-6074 People v Davis, Sylvester Time to perfect appeal enlarged to the April 2006 Term, as indicated; motion otherwise denied. |
| Mazzarelli, J.P., Saxe, Friedman, Sullivan, Williams, JJ. M-6342 In the Matter of The Board of Education of the City School District of the City of New York v United Federation of Teachers Appeal dismissed unless perfected for the April 2006 Term, as indicated. |
| Mazzarelli, J.P., Saxe, Friedman, Sullivan, Williams, JJ. M-6289 People v Childs, Donald Time to perfect appeal enlarged to the May 2006 Term. |
| Mazzarelli, J.P., Saxe, Friedman, Sullivan, Williams, JJ. M-6302 Benitez v Mutual of America Life Insurance Company Time to perfect appeal enlarged to the May 2006 Term. |
| Mazzarelli, J.P., Saxe, Friedman, Sullivan, Williams, JJ. M-6521 Hunt v The State of New York Time to perfect appeal enlarged to the May 2006 Term. |
| Mazzarelli, J.P., Saxe, Friedman, Sullivan, Williams, JJ. M-6290 People v Dargan, Charles Time to perfect appeal enlarged to the June 2006 Term. |
| Mazzarelli, J.P., Saxe, Friedman, Sullivan, Williams, JJ. M-6265 People v Melendez, Batzayda Time to perfect appeal enlarged to the June 2006 Term. |
| Mazzarelli, J.P., Saxe, Friedman, Sullivan, Williams, JJ. M-6431 Sealey v American Society of Hypertension, Inc. Preference granted; Clerk directed to calendar appeal for hearing in the first week of the February 2006 Term; motion otherwise denied. |
| Mazzarelli, J.P., Saxe, Friedman, Sullivan, Williams, JJ. M-6586 In the Matter of the Estate of Dixson Dixson v Hearns Stay denied, as indicated. |
| Andrias, J.P., Sullivan, Williams, Gonzalez, Catterson, JJ. M-6281 People v Robinson, Arnold Leave to prosecute appeal as a poor person granted, as indicated. |
| Andrias, J.P., Sullivan, Williams, Gonzalez, Catterson, JJ. M-6275 People v Cruz, Hector Leave to prosecute appeal as a poor person denied, with leave to renew, as indicated. |
| Andrias, J.P., Sullivan, Williams, Gonzalez, Catterson, JJ. M-6293 In the Matter of D., Dalena v D., Brooks Enlargement of time to perfect appeal denied; appeal dismissed. |
| Andrias, J.P., Sullivan, Williams, Gonzalez, Catterson, JJ. M-6242 Victory Roofing & Contracting, Inc. v U.S.A. Con-Force Waterproofing Co., Inc. (And a related third-party action) Appeal dismissed. |
| Andrias, J.P., Marlow, Gonzalez, Sweeny, Catterson, JJ. M-5354 In the Matter of the Estate of Gustafson M-5733 Hutchinson Time to perfect appeal enlarged to the April 2006 Term; appeal dismissed unless perfected for said Term, all as indicated. |
| Andrias, J.P., Sullivan, Williams, Gonzalez, Catterson, JJ. M-6191 Century Indemnity Company v Corning, Incorporated (And another action) Time to perfect appeal from the order entered on or about July 9, 2004 (Century Indemnity Action) enlarged to the April 2006 Term. |
| Andrias, J.P., Sullivan, Williams, Gonzalez, Catterson, JJ. M-6367 In the Matter of Olavarria v Kelly Time to perfect proceeding enlarged to the April 2006 Term. |
| Andrias, J.P., Sullivan, Williams, Gonzalez, Catterson, JJ. M-6236 In the Matter of Tang v The New York City Department of Housing Preservation and Development Time to perfect proceeding enlarged to the April 2006 Term. |
| Andrias, J.P., Sullivan, Williams, Gonzalez, Catterson, JJ. M-6491 United States Trust Company of New York v Carlson Olsen Stay denied. |
| Saxe, J.P., Marlow, Williams, Catterson, Malone, JJ. M-6614 People v Dawkins, Lawrence Time to perfect appeal enlarged to the April 2006 Term. |
| Saxe, J.P., Marlow, Williams, Catterson, Malone, JJ. M-6542 People v Nesmith, Terrence Leave to file pro se supplemental brief granted for the April 2006 Term, to which Term appeal adjourned, as indicated. |
| Mazzarelli, J.P., Saxe, Ellerin, Nardelli, Williams, JJ. In the Matter of Attorneys Who Are in Violation of Judiciary Law Section 468-a: M-6561Daren S. McNally, admitted on 4-20-93, at a Term of the Appellate Division, First Department Respondent reinstated as an attorney and counselor-at-law in the State of New York, effective the date hereof. No opinion. All concur. |
| Mazzarelli, J.P., Saxe, Ellerin, Nardelli, Williams, JJ. In the Matter of Attorneys Who Are in Violation of Judiciary Law Section 468-a: M-6642Orlando L. Salvador, admitted as Orlando Lapitan Salvador on 9-24-85, at a Term of the Appellate Division,Third Department Respondent reinstated as an attorney and counselor-at-law in the State of New York, effective the date hereof. No opinion. All concur. |
| Buckley, P.J., Andrias, Saxe, Friedman, Nardelli, JJ. M-2389 In the Matter of Valerie S. Amsterdam, an attorney and counselor-at-law: Respondent's name stricken from the roll of attorneys and counselors-at-law, effective nunc pro tunc to April 4, 2004. Opinion Per Curiam. All concur. |
| The following orders were entered and filed on December 13, 2005: |
| Buckley, P.J., Mazzarelli, Andrias, Saxe, Sullivan, JJ. M-6452 Wal-Mart Stores, Inc. v United States Fidelity and Guaranty Company Stay of trial granted on condition appeal perfected for the April 2006 Term, as indicated. |
| Andrias, J.P., Sullivan, Williams, Gonzalez, Catterson, JJ. M-6375 American Manufacturers Mutual Insurance Company v IDI Construction, Inc. Leave to file supplemental record on appeal granted; appeal from order entered on or about July 13, 2005 adjourned to the March 2006 Term; Clerk directed to calendar appeals for hearing in first week of said March 2006 Term, all as indicated. |