| THE FOLLOWING MOTION ORDERS WERE ENTERED AND FILED ON NOVEMBER 15, 2005 |
| Buckley, P.J., Tom, Mazzarelli, Andrias, Saxe, JJ. M-6175X Rooney v Port Authority of New York and New Jersey M-6176X Roberts v 112 Duane Street Associates, LLC (And a third-party action) M-6177X Sokol v Ventures Education Systems Corp. M-6178X Moses Productions, Inc. v Sweetland Films M-6194X Anthony S. Vergatos & Family, Inc. v T.C. Management LLC M-6195X Royal Indemnity Co. v Salomon Smith Barney, Inc. M-6196X Zawisny v Spectra Photo Art, Inc. (And a third-party action) M-6197X Hallivis v Consolidated Edison Company of New York, Inc. Appeals withdrawn. |
| Buckley, P.J., Tom, Mazzarelli, Andrias, Saxe, JJ. M-6172 Moskowitz, doing business as Manhattan Realty Company v Sheridan Appeal, previously perfected for the January 2006 Term, withdrawn. |
| Buckley, P.J., Tom, Mazzarelli, Andrias, Saxe, JJ. M-5851 People v Alicea, Ralph Upon the Court's own motion, time to perfect appeal enlarged to the February 2006 Term. |
| Buckley, P.J., Tom, Mazzarelli, Andrias, Saxe, JJ. M-5878 People v Cheek, Russell Upon the Court's own motion, time to perfect appeal enlarged to the February 2006 Term. |
| Buckley, P.J., Tom, Mazzarelli, Andrias, Saxe, JJ. M-5850 People v Adams, Sherman M-5852 Anderson, Daymond, also known as Anderson, Raymond M-5855 Banks, Douglas M-5857 Batchilly, Sulayman M-5871 Casiano, Marta M-5876 Cespedes, Jose M-5877 Chatanova, Roxana M-5879 Coley, Derrick M-5880 Colon, Jose M-5892 George, Dezra, also known as Dezra, George Upon the Court's own motions, time to perfect appeals enlarged to the March 2006 Term. |
| Buckley, P.J., Tom, Mazzarelli, Andrias, Saxe, JJ. M-5894 People v Harinarin, Rickey M-5903 Landy, Dan M-5906 Lopez, William M-5919 White, John Upon the Court's own motions, time to perfect appeals enlarged to the March 2006 Term. |
| Buckley, P.J., Tom, Mazzarelli, Andrias, Saxe, JJ. M-5529 People v Nichols, Zwadie M-5945 Carter, Desmond M-5946 Alvarez, Enrique M-5947 Anderson, Jamal M-5948 Barnes, Dwayne M-5949 Martinez, Antonio M-5950 Mims, Terrance M-5951 Rosado, Steve M-5952 Muir, Ricardo M-5953 Williams, Rahjeem Leave to prosecute appeals as poor persons granted, as indicated. |
| Buckley, P.J., Nardelli, Williams, Gonzalez, McGuire, JJ. M-5782 Menschel v 16-18 Charles Street, LLC Stay denied. |
| Tom, J.P., Sullivan, Ellerin, Nardelli, Williams, JJ. M-5437 People v Council, Tony Leave to prosecute appeal as a poor person granted, as indicated. |
| Tom, J.P., Marlow, Ellerin, Williams, McGuire, JJ. M-4811 In the Matter of M., Pearl and M., Evan - Commissioner of the Administration for Children's Services Leave to prosecute appeal as a poor person granted, as indicated. (See M-4811A, decided simultaneously herewith.) |
| Marlow, J. M-4811A In the Matter of M., Pearl and M., Evan - Commissioner of the Administration for Children's Services Stay denied. (See M-4811, decided simultaneously herewith.) |
| Tom, J.P., Marlow, Ellerin, Sweeny, Catterson, JJ. M-5778 M-5802 Estate of Garcia - Garcia v O'Keefe Time to perfect appeal and cross appeal enlarged to the March 2006 Term. |
| Tom, J.P., Andrias, Friedman, Sullivan, Malone, JJ. M-6052 A.J. Clarke Real Estate Corp. v Meyers Leave to strike appellant's brief denied, as indicated. |
| Mazzarelli, J.P., Saxe, Ellerin, Gonzalez, Catterson, JJ. M-5440 People v Davis, Barry Notice of appeal deemed timely filed; leave to prosecute appeal as a poor person granted, as indicated. |
| Mazzarelli, J.P., Saxe, Ellerin, Gonzalez, Catterson, JJ. M-5442 People v Day, Marcellus Moving papers deemed a timely filed notice of appeal; leave to prosecute appeal as a poor person granted, as indicated. |
| Mazzarelli, J.P., Andrias, Ellerin, Gonzalez, McGuire, JJ. M-4901 People v Contreas, Jorge, also known as Contreras, Jorge Appeals consolidated; leave to prosecute appeals as a poor person granted, as indicated; time to perfect same enlarged to the March 2006 Term, to which Term perfected appeal of co-defendant currently calendared for the December 2005 Term adjourned. Clerk directed to calendar appeals for hearing together. |
| Mazzarelli, J.P., Saxe, Ellerin, Gonzalez, Catterson, JJ. M-5444 People v Doumbia, Hamed Moving papers deemed a timely filed notice of appeal. |
| Andrias, J.P., Marlow, Gonzalez, Sweeny, Catterson, JJ. M-5439 People v Dais, Quinton Leave to prosecute appeal as a poor person granted, as indicated. |
| Andrias, J.P., Saxe, Friedman, Nardelli, Malone, JJ. M-5284A People v Farrell, Josephine Leave to respond to appeal as a poor person denied, without prejudice to renewal, as indicated. (The order of this Court entered on November 1, 2005 [M-5284] recalled and vacated.) |
| Marlow, J.P., Nardelli, Williams, Sweeny, McGuire, JJ. M-5252 People v Martinez, William Moving papers deemed a timely filed notice of appeal. |
| Marlow, J.P., Nardelli, Williams, Sweeny, McGuire, JJ. M-5380 People v Rodriguez, Wilfredo Time to perfect appeal enlarged to the March 2006 Term. |
| Marlow, J.P., Nardelli, Williams, Sweeny, McGuire, JJ. M-5404 People v Quinones, Daniel Time to perfect appeal enlarged to the March 2006 Term. |
| Sullivan, J.P., Ellerin, Williams, Gonzalez, McGuire, JJ. M-5473 Atlantic Mutual Insurance Company v Joyce International, Inc. Time to perfect appeal enlarged to the February 2006 Term. |
| Sullivan, J.P., Ellerin, Williams, Gonzalez, McGuire, JJ. M-5320 People v Richardson, Billy Leave to prosecute appeal as a poor person denied, with leave to renew, as indicated. Buckley, P.J. M-5411 People v Riley, Thomas Leave to appeal to this Court and other relief denied. |
| Williams, J. M-5994 People v Garrido, Juan Leave to appeal to this Court granted, as indicated. |
| Catterson, J. M-4534 People v Sanchez, Ricardo Leave to appeal to this Court and other relief 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-5558Foster Samuel Burton Friedman, admitted on 7-25-90, 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. |
| Mazzarelli, J.P., Saxe, Ellerin, Nardelli, Williams, JJ. In the Matter of Attorneys Who Are in Violation of Judiciary Law Section 468-a: M-5938Robert Clifford Eimicke, admitted on 2-29-88, 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. |
| The following orders were entered and filed on November 10, 2005: |
| Mazzarelli, J.P., Sullivan, Williams, Gonzalez, Catterson, JJ. M-4597A People v Torres, Jason Summary reversal, new trial or alternative relief denied. (The order of this Court entered on November 3, 2005 [M-4597] recalled and vacated.) |
| Andrias, J.P., Saxe, Friedman, Nardelli, Malone, JJ. M-5082 M-5112 In the Matter of C., Damien v S., Jennifer Hee Dismissal of appeal denied; leave to appeal to this Court granted, nunc pro tunc. Stay of trial granted, as indicated. |
| Saxe, J.P., Marlow, Ellerin, Gonzalez, McGuire, JJ. M-6040 Meth v Gorfine - Sohn Stay of trial and other relief denied. |
| Saxe, J.P., Marlow, Ellerin, Gonzalez, McGuire, JJ. M-5940 Melcher v Apollo Medical Fund Management L.L.C. Consolidation of perfected appeal and cross appeal granted and Clerk directed to calendar same for hearing together in December 2005 Term. |