First Department Motions
The following orders were entered and filed on December 22, 2005:
Saxe, J.P., Marlow, Williams, Catterson, Malone, JJ.

M-6681     Holy Cross Polish National Catholic Church of New York v Milazzo

Leave to file a brief amicus curiae denied.      (See M-6613 and M-6680 decided simultaneously herwith).

Saxe, J.P., Marlow, Williams, Catterson, Malone, JJ.

M-6613     Holy Cross Polish National Catholic Church of New York
M-6680 v Milazzo

Appeal adjourned to the March 2006 Term, as indicated. Cross motion denied. (See M-6681 decided simultaneously herewith).

THE FOLLOWING MOTION ORDERS WERE ENTERED AND FILED ON DECEMBER 29, 2005
Buckley, P.J., Tom, Mazzarelli, Andrias, Saxe, JJ.

M-6884     In the Matter of Dowling v Klein

Appeal, previously perfected for the January 2006 Term, withdrawn.

Buckley, P.J., Tom, Andrias, Gonzalez, JJ.

M-6451     Mattaldi v Beth Israel Medical Center

Clarification denied.

Buckley, P.J., Tom, Saxe, Gonzalez, Malone, JJ.

M-6000     In the Matter of C., Tyshawn Jaraind - Sheltering Arms Children's Services

Counsel substituted, as indicated.

Buckley, P.J., Mazzarelli, Andrias, Saxe, Sullivan, JJ.

M-6695     People v Brown, Dashawn

Leave to prosecute appeal as a poor person granted, as indicated.

Buckley, P.J., Mazzarelli, Andrias, Friedman, Sweeny, JJ.

M-4536     People v Davis, Samuel Ed, also known as Davis, Eddie

Reargument denied.

Buckley, P.J., Mazzarelli, Friedman, Marlow, Sullivan, JJ.

M-6380     People v Soto, Jonathan, also known as Soto, Jonathon

Leave to prosecute appeal as a poor person granted, as indicated.

Buckley, P.J., Andrias, Catterson, McGuire, Malone, JJ.

M-6488     In the Matter of Eggleston - - L., Andrea - Spagat

Vacatur and other relief denied.

Buckley, P.J., Andrias, Catterson, McGuire, Malone, JJ.

M-5505     Lopez v 14th Street Development, LLC
(And a Third-Party Action)

Dismissal of appeal denied.

Buckley, P.J., Andrias, Catterson, McGuire, Malone, JJ.

M-6358     In the Matter of Washington v Lippman

Leave to prosecute appeal as a poor person granted to the extent indicated.

Buckley, P.J., Andrias, Catterson, McGuire, Malone, JJ.

M-6386     People v Maisonet, Ronnie

Leave to prosecute appeal as a poor person granted, as indicated.

Buckley, P.J., Friedman, Marlow, Sullivan, Malone, JJ.

M-6420     Broggy v Rockefeller Group, Inc.

Stay of trial granted.

Buckley, P.J., Nardelli, Williams, Gonzalez, McGuire, JJ.

M-5179     In the Matter of R., Wendell

Leave to prosecute appeal as a poor person granted, as indicated.

Buckley, P.J., Nardelli, Williams, Gonzalez, McGuire, JJ.

M-5541     People v Rauf, Abdul

Time to perfect appeal enlarged to the May 2006 Term, as indicated.

Buckley, P.J., Tom, Saxe, Gonzalez, Malone, JJ.

M-5798     In the Matter of F., Rayshawn, also known as F., Rashawn - - Catholic Guardian Society

Leave to prosecute appeal as a poor person granted, as indicated. (See M-5798A decided simultaneously herewith).

Tom, J.

M-5798A     In the Matter of F., Rayshawn, also known as F., Rashawn - - Catholic Guardian Society

Stay denied. (See M-5798 decided simultaneously herewith).

Tom, J.P., Mazzarelli, Friedman, Catterson, McGuire, JJ.

M-6182     Leyse v Flagship Capital Services Corp.

Reargument or other relief denied.

Tom, J.P., Mazzarelli, Marlow, Nardelli, Sweeny, JJ.

M-4982     Tortoso v MetLife Auto & Home Insurance Company

Motion deemed withdrawn, as indicated.

Tom, J.P., Mazzarelli, Sullivan, Nardelli, McGuire, JJ.

M-6772     People v Thomas, Alan, also known as Skinner, Craig

Leave to file pro se supplemental brief and related relief denied.

Tom, J.P., Andrias, Saxe, Friedman, JJ.

M-3794     People v Westergreen, Ian

Reargument and other relief denied.

Tom, J.P., Andrias, Sullivan, Gonzalez, Malone, JJ.

M-6413     Lewis v Worzman

Reargument denied.

Tom, J.P., Andrias, Gonzalez, Sweeny, JJ.

M-6333     People v Brewer, Eric

Leave to produce defendant for oral argument denied.

Tom, J.P., Andrias, Gonzalez, Sweeny, JJ.

M-6570     People v Diaz, Manuel

Appeal dismissed.

Tom, J.P., Sullivan, Ellerin, Nardelli, Williams, JJ.

M-6533     People v Thomas, Robert

Leave to prosecute appeal as a poor person granted, as indicated.

Tom, J.P., Friedman, Nardelli, Sweeny, Marlow, JJ.

M-6418     Gunthel v Deutsche Bank AG

Preference denied, as indicated.

Tom, J.P., Friedman, Nardelli, Sweeny, JJ.

M-6572     People v Garner, Vanessa

Leave to prosecute appeal as a poor person granted, as indicated.

Tom, J.P., Marlow, Williams, Gonzalez, Malone, JJ.

M-6441     In the Matter of Y., David Daniel, III, also known as Y., David Daniel, II; Y., Joseph Jacob; Y. Rose Marie Coronata, P-Y. Anastasia Mae - - Heart Share Human Services of New York

Dismissal of appeal denied, with leave to renew, as indicated.

Tom, J.P., Marlow, Williams, Gonzalez, Malone, JJ.

M-6489     In the Matter of L., "Female", also known as L., Emma; L., Chante Channa C. - - Family Support Systems Unlimited, Inc.

Transcription of minutes directed, as indicated.

Tom, J.P., Marlow, Williams, Gonzalez, Malone, JJ.

M-6462     Napolitano v New York State Grievance Committee Robert Salzman, New York State

Leave to prosecute appeal from the order of the Court of Claims denied; appeal transferred to the Appellate Division, Second Judicial Department for disposition.

Tom, J.P., Marlow, Williams, Gonzalez, Malone, JJ.

M-6408     The Commissioners of the State Insurance Fund v Russo

Appeal dismissed unless perfected for the May 2006 Term, as indicated.

Tom, J.P., Marlow, Williams, Gonzalez, Malone, JJ.

M-6486     In the Matter of T., Maria v A., Kwame

Leave to compel transcription of minutes granted, as indicated.

Tom, J.P., Marlow, Williams, Gonzalez, Malone, JJ.

M-6334     People v Aquizar, Roberto, also known as Mejia, Roberto

Appeal deemed withdrawn.

Tom, J.P., Marlow, Gonzalez, Sweeny, McGuire, JJ.

M-5932     Reynoso v Amin

Enlargement of time to file notice of appeal denied; appeal dismissed.

Mazzarelli, J.P., Andrias, Marlow, Gonzalez, Sweeny, JJ.

M-6676     Pope v Saget

Dismissal of appeal denied.

Mazzarelli, J.P., Andrias, Marlow, Gonzalez, Sweeny, JJ.

M-6714     People v White, Sean

Motion deemed withdrawn; the order of this Court entered on October 20, 2005 (M-5009) recalled and vacated. Appeal adjourned to the March 2006 Term.

Mazzarelli, J.P., Saxe, Friedman, Sullivan, Williams, JJ.

M-6251     In the Matter of C., "Female", also known as C., "Baby Girl", also known as C., Olivia, also known as J., Shymecca - - Little Flower Children's Services

Appeal dismissed.

Mazzarelli, J.P., Saxe, Friedman, Sullivan, Williams, JJ.

M-6256     Ortiz v Hauswald

Appeal dismissed.

Mazzarelli, J.P., Saxe, Friedman, Sullivan, Williams, JJ.

M-6329     People v Felix, Jose

Appeal deemed withdrawn.

Mazzarelli, J.P., Saxe, Friedman, Sullivan, Williams, JJ.

M-6291     Imperia v Tabador

Appeal dismissed.

Mazzarelli, J.P., Saxe, Ellerin, Gonzalez, Catterson, JJ.

M-5205     In the Matter of M., Pearl; M., Evan - - Administration for Children's Services

Leave to prosecute appeal as a poor person granted, as indicated.

Mazzarelli, J.P., Friedman, Williams, Gonzalez, Sweeny, JJ.

M-6844     Magazines Unlimited v Brody

Stay granted.

Mazzarelli, J.P., Marlow, Williams, Sweeny, Catterson, JJ.

M-5963     People v Johnson, Warren L.

Enlargement of time to file notice of appeal denied.

Mazzarelli, J.P., Marlow, Williams, Sweeny, Catterson, JJ.

M-6078     In the Matter of F., Orneil

Leave to prosecute appeal as a poor person granted, as indicated.

Mazzarelli, J.P., Andrias, Marlow, Gonzalez, Sweeny, JJ.

M-6780     Sorenson v Bridge Capital Corp.

Preliminary appellate injunction granted on condition appeal perfected for the May 2006 Term, as indicated.

Andrias, J.P., Saxe, Nardelli, Catterson, JJ.

M-6550     People ex rel. Zeng, Chen v Warden

Bail denied.

Andrias, J.P., Marlow, Sullivan, Ellerin, Nardelli, JJ.

M-6229     Soumayah v Minnelli

Reargument or other relief denied.

Andrias, J.P., Marlow, Ellerin, Williams, JJ.

M-6511     Curry v Common Ground Community, H.D.F.C., Inc.

Motion dismissed.

Andrias, J.P., Marlow, Gonzalez, Sweeny, Catterson, JJ.

M-6428     In the Matter of P., Mike, Jr., also known as P., Mike, also known as P., Michael, also known as P., Mike N., Jr., also known as P., Mike N., also known as N., Mike - - Little Flower Children's Services

Leave to appeal to the Court of Appeals denied.

Andrias, J.P., Sullivan, Williams, Gonzalez, Catterson, JJ.

M-6279     People v Ramos, Joyce

Leave to prosecute appeal as a poor person denied, with leave to renew, as indicated.

Andrias, J.P., Sullivan, Williams, Gonzalez, Catterson, JJ.

M-6284     People v Sanford, Robert

Leave to prosecute appeal as a poor person denied, with leave to renew, as indicated.

Saxe, J.P., Friedman, Gonzalez, Sweeny, Catterson, JJ.

M-6616     Wang v The Institute for Cancer Prevention, Inc.

Appeal adjourned to the June 2006 Term; time to perfect cross appeal enlarged to said Term, all as indicated. Motion      otherwise denied.

Saxe, J.P., Friedman, Williams, Catterson, Malone, JJ.

M-6605     Madison Hudson Associates LLC v Neumann

Stay of trial granted on condition appeal perfected for the May 2006 Term, as indicated.

Saxe, J.P., Marlow, Williams, Catterson, Malone, JJ.

M-6574     People v Otero, Rene

Leave to prosecute appeal as a poor person granted, as indicated. 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.

Marlow, J.P., Nardelli, Williams, Sweeny, McGuire, JJ.

M-5228     Citibank, N.A. v Wapnick

Time to perfect appeal enlarged to on or before January 30, 2006 for the April 2006 Term.

Sullivan, J.P., Nardelli, Catterson, McGuire, Malone, JJ.

M-6687     People v Encarnacion, William

Leave to file pro se supplemental brief denied.

Marlow, J.

M-6202     People v Thrower, William

Leave to appeal to this Court denied.

Sullivan, J.

M-6049     People v Monroe, Frederick, also known as Todd, David

Leave to appeal to this Court denied.

Ellerin, J.

M-5013     People v Turner, Calvin

Leave to appeal to this Court denied.

Ellerin, J.

M-5285     People v Redd, Kevin

Leave to appeal to this Court denied.

Ellerin, J.

M-5393     People v Ali, Taliv

Leave to appeal to this Court denied.

Sweeny, J.

M-6545     People v Ennis, Sheldon

Leave to appeal to this Court granted, 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-6816William J. O'Hagan, admitted on 5-10-89,
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.

Andrias, J.P., Saxe, Friedman, Nardelli, Marlow, JJ.

M-5173     In the Matter of Jeremiah J. Sheehan
(admitted as Jeremiah Joseph Sheehan),
an attorney and counselor-at-law:

Respondent suspended from the practice of law in the State of New York, effective the date hereof, until such time as disciplinary matters pending before the Committee have been concluded, and until further order of this Court. Respondent granted leave to seek reinstatement upon a showing of immediate and full compliance with the subpoena and of respondent's cooperation with the Committee's investigation. Opinion Per Curiam. All concur.