First Department Motions
The following orders were entered and filed on December 6, 2005:
Buckley, P.J., Andrias, Saxe, Nardelli, Malone, JJ.

M-5982     Rivera v New York City Housing Authority
M-6421
Appeal dismissed unless perfected on or before January 30, 2006 for the April 2006 Term, as indicated.

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

M-6419     The Bank of New York v Nickel

Enlargement of record on appeal granted, as indicated.

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

M-6417     Marrero v The City of New York

Time to perfect appeal enlarged to the March 2006 Term.

THE FOLLOWING MOTION ORDERS WERE ENTERED AND FILED ON DECEMBER 8, 2005
Buckley, P.J., Tom, Mazzarelli, Andrias, Saxe, JJ.

M-6658     In the Matter of K., Emmanuel

M-6659     In the Matter of D., Shateria

M-6662     In the Matter of C., Wilfredo

M-6668     People v Shackelford, Stephanie

M-6575           Brome, James

M-6578           Rodriguez, Jose

M-6576           Brown, Rodney

Appeals withdrawn.

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

M-6528      Brice v Mirsky

Appeal, previously perfected for the January 2006 Term, withdrawn.

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

M-6610     Roberts v City of New York

Appeal, previously perfected for the January 2006 Term, withdrawn.

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

M-6383     People v Givens, Terene

M-6384           H., Ariel

M-6385           Jama, Abdi

M-6387           Mali, Adib

M-6388           Marino, Paul

M-6389           Mendez, Angel

M-6390           Nettles, Jesse

M-6392           Rock, Cindell

M-6393           Rodriguez, Tito

M-6394           Rosado, Wilfredo

M-6395           Simmons, Servino

M-6396           Sosa, Franklin

M-6397           Then, Luis

Leave to prosecute appeals as poor persons granted, as indicated.

Buckley, P.J., Tom, Mazzarelli, Saxe, Friedman, JJ.

M-6098     People v Leung, Wai Yin

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

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

M-5954     People v Ellis, George

Counsel substituted.

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

M-5296     State Insurance Fund v ZHN Construction Corporation

Stay granted, as indicated; appellant directed to perfect appeal for the May 2006 Term.

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

M-6029     In the Matter of R., Yolanda v G., Eugene I.

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

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

M-6188     People ex rel. Best, Hilary v Warden

Writ of habeas corpus denied.

Buckley, P.J., Andrias, Saxe, Nardelli, Malone, JJ.

M-6204     People v Knight, Davon

Leave to file pro se supplemental brief granted for the April 2006 Term, to which Term appeal adjourned.

Buckley, P.J., Saxe, Ellerin, Nardelli, Williams, JJ.

M-5246     Nimkoff v Nimkoff
M-5955
Leave to hold non-party respondent in contempt denied; motion dismissed.

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

M-5567     Liang v Gordon

Dismissal of appeal denied.

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

M-5554     In the Matter of B., Martin v The Administration for Children's Services

Leave to file supplemental record on appeal granted; transcription of minutes directed, all as indicated; time to perfect appeal enlarged to the May 2006 Term.

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

M-5713     Bernard v Mumuni

Leave to appeal to the Court of Appeals granted, as indicated.

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

M-6598     Blough v Penske Truck Leasing Company
(And Third-Party Actions)

Stay of trial granted.

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

M-6374     The High Risk Opportunities HUB Fund Ltd. v Credit Lyonnais

Preference granted; Clerk directed to calendar appeal and cross appeal for hearing in the second week of the January 2006 Term.

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

M-5739     Torres v The City of New York
M-5956
Time to perfect appeal enlarged to the April 2006 Term on condition appellant files notice of appeal and pre-argument statement, as indicated.

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

M-6180     Reaves v Washington

Stay denied; interim relief granted by order of a Justice of this Court, dated November 1, 2005, vacated.

Mazzarelli, J.P., Saxe, Sweeny, Catterson, Malone, JJ.

M-6156     Travelers Indemnity Company of America v Royal Insurance Company of America

Leave to vacate decision and order of this Court denied.

Mazzarelli, J.P., Friedman, Nardelli, Sweeny, McGuire, JJ.

M-6100     Meirowitz v Department of Housing and Community Renewal

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

Mazzarelli, J.P., Friedman, Nardelli, Sweeny, McGuire, JJ.

M-6337     In the Matter of F., Dwayne

Time to perfect appeal enlarged to the March 2006 Term.

Mazzarelli, J.P., Friedman, Nardelli, Sweeny, McGuire, JJ.

M-6094     People v Wilson, Shamel

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

Mazzarelli, J.P., Friedman, Nardelli, Sweeny, Malone, JJ.

M-6148     In the Matter of Eggleston - C., Elizabeth

Counsel relieved on condition a copy of this order is served upon all parties, as indicated. Time to perfect appeal enlarged to the April 2006 Term.

Mazzarelli, J.P., Friedman, Nardelli, Sweeny, McGuire, JJ.

M-6064     In the Matter of Russel v The City of New York Department of Buildings
(And Other Actions)

Appeals under Index Nos. 118072/03, 114649/04 and 117323/04 consolidated; time to perfect same enlarged to the April 2006 Term; motion otherwise denied, with leave to renew, as indicated.

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

M-6009     Lomax v New York City Health and Hospitals Corporation

Time to perfect appeal enlarged to on or before January 3, 2006 for the March 2006 Term, as indicated.

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

M-6109     Sellitto v New York City Industrial Development Agency
(And Other Actions)

Time to perfect appeal and cross appeal enlarged to the June 2006 Term, as indicated.

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

M-6237     Mezzacappa Bros., Inc. v The City of New York

Time to perfect appeal enlarged to the March 2006 Term.

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

M-5500     Khrapunskiy v Doar

Defendant directed to continue public assistance payments under Social Services Law §§ 207-212, as indicated.

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

M-5464     Isaacs v West 34th Apts. Corp.

Stay granted on condition appeal perfected for the April 2006 Term, as indicated.

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

M-5559     Eastside Exhibition Corp. v 210 East 86th Street Corp.
M-5772
M-5773
Reargument and other relief denied.

Mazzarelli, J.P., Saxe, Ellerin, Williams, Sweeny, JJ.

M-6261     Fundamental Portfolio Advisors, Inc. v Tocqueville Asset Management, L.P.

Reargument denied; leave to appeal to the Court of Appeals granted, as indicated.

Friedman, J.P., Sullivan, Nardelli, Williams, Sweeny, JJ.

M-5796     Brown v West Care Medical Associates, P.C.

Appeal dismissed, as indicated.

     
Tom, J.

M-6048     People v Nova, Juan

Leave to appeal to this Court denied.

     
Sullivan, J.

M-5011     People v Williams, Stanford

Leave to appeal to this Court denied.

     
Sullivan, J.

M-4576     People v Almonte, Rafael

Leave to appeal to this Court denied.

     
Sullivan, J.

M-5027     People v Rush, Rodney

Leave to appeal to this Court denied.

     
Williams, J.

M-6016     People v Dixon, Timothy

Leave to appeal to this Court denied.

     
Gonzalez, J.

M-4503     People v Fleming, Terron

Leave to be released on own recognizance or other relief denied.

     
Gonzalez, J.

M-2880     People v Hernandez, Juan

Leave to appeal to this Court denied.

Gonzalez, J.

M-2722     People v Davis, Donald

Leave to appeal to this Court denied.

     
Gonzalez, J.

M-2828     People v Marquez, Alberto

Leave to appeal to this Court denied.

     
Gonzalez, J.

M-2933     People v Muntaqim, Yahya Muhammad Abdullah, formerly known as Roballo, Johnny

Leave to appeal to this Court denied.

Mazzarelli, J.P., Saxe, Ellerin, Nardelli, Williams, JJ.

In the Matter of Attorneys Who Are in Violation
of Judiciary Law Section 468-a:

M-6235Eiji Katamaya, admitted on 10-30-89,
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-6336Edward Thomas McDermott, admitted on 3-25-74,
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-6429Keith H. Williamson, admitted on 6-20-83,
at a Term of the Appellate Division,
First Department

Respondent reinstated as a retired attorney and counselor-at-law in the State of New York, effective the date hereof. No opinion. All concur.

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

M-4194     In the Matter of Samuel Abady
(admitted as Samuel Aaron Abady),
a suspended attorney:

Leave to appeal to the Court of Appeals or alternative relief denied. No opinion. All concur.