First Department Motions
The following orders were entered and filed on November 15, 2005:
Tom, J.P., Marlow, Ellerin, Williams, McGuire, JJ.

M-616     Waltzer v Tradescape & Co., L.L.C., formerly known as
M-5024 C.S. Block & Co., L.L.C.
M-5565
Motions consolidated for disposition; dismissal of appeals taken by Sharif Amanat from orders entered on or about December 5, 2003, December 19, 2003 and December 22, 2003      (M-616), and appeals taken by the Tradescape defendants (M-5565) denied; notices of appeal taken from the aforesaid orders deemed a notice of appeal from the final judgment entered on or about October 5, 2004 (M-5024). Upon the Court's own motion, counsel for appellants directed to immediately serve and file a supplemental Record on Appeal, appellants' brief heretofore filed stricken, time to perfect appeal(s) and cross appeal enlarged to the March 2006 Term, all as indicated.

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

M-5984     Fontaine v Matthews

Appeal adjourned to the January 2006 Term; notice of appeal deemed served. Motion otherwise denied.

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

M-5980     Banegas v Nyack Hospital

Time to perfect appeal enlarged to the February 2006 Term.

Saxe, J.P., Marlow, Ellerin, Gonzalez, McGuire, JJ.

M-6015     In the Matter of Gates v Hernandez

Dismissal of appeal denied; leave to file supplemental record granted, all as indicated.

Saxe, J.P., Marlow, Ellerin, Gonzalez, McGuire, JJ.

M-5978     Combier v Anderson

Modification and other relief denied.

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

M-5293     Barraco v First Lenox Terrace Associates
(And Other Actions)

Stay of trial granted.

Sullivan, J.P., Ellerin, Williams, Gonzalez, McGuire, JJ.

M-5409     2365 Lorillard Corp. v Krumszyn
(And Another Action)

Clerk directed to maintain perfected appeal on calendar for the December 2005 Term.

THE FOLLOWING MOTION ORDERS WERE ENTERED AND FILED ON NOVEMBER 17, 2005
Buckley, P.J., Tom, Mazzarelli, Andrias, Saxe, JJ.

M-6199X     Chubb Indemnity Company v D.N.S. Construction Corp.
(And a Third-Party Action)

Appeal withdrawn.

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

M-6247X     Certain Underwriters at Lloyd's London v William M. Mercer, Inc.

Appeals and cross appeal withdrawn.

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

M-6084     People v Jackson, Donald

M-6085           Jennings, Phillip

M-6086           Marrant, Darryl

M-6087           McCloud, Christopher

M-6088           McLeod, Jamal

M-6089           Melendez, Catherine

M-6090           Mudd, Lawrence

M-6091           Murray, Robert

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

Buckley, P.J., Andrias, Friedman, Catterson, JJ.

M-5448     People v Engel, Howard

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

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

M-5943     People v Whitehurst, Willie

Time to perfect appeal enlarged to the February 2006 Term.

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

M-5159     People v Brown, Paul

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

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

M-5811     People v Garcia, Cesar Reules

Notice of appeal deemed timely filed; leave to prosecute appeal as a poor person granted, as indicated.

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

M-6035     Worth Construction Co. Inc. v Admiral Insurance Company

Time to perfect appeals enlarged to the March 2006 Term.

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

M-6008     Willis Re Inc. v Hudson

Stay of trial granted; parties directed to perfect appeals and cross appeal for the March 2006 Term.

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

M-5797     TSNY Agency of New York City, Inc., formerly known as Re TANY Acquisition Corp. v JJCIII Agency Inc., formerly known as Titleserv Agency of New York City, Inc.

Stay denied.

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

M-5967     Hubbard v Kamen

Time to perfect appeal enlarged to the March 2006 Term.

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

M-5837     Vargas v Halmar Builders of New York, Inc.
(And Other Actions)

Time to perfect appeal enlarged to the March 2006 Term.

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

M-5206     People ex rel. Simpson, Anthony v Warden

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

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

M-5817     People v Walker, Harry

Appeal deemed withdrawn.

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

M-5827     People v Olivieri, Adam and Olivieri, John

Matter remanded to Supreme Court, Bronx County, for resettlement of transcript, as indicated.

Tom, J.P., Marlow, Ellerin, Sweeny, Catterson, JJ.

M-5392     Launders v Steinberg
M-5983
Time to perfect appeal enlarged to on or before January 3, 2006 for the March 2006 Term; appeal dismissed unless perfected for said Term, as indicated.

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

M-6022     People v Tavares, Jose Martin

Appeal reinstated; leave to prosecute said appeal as a poor person granted, as indicated; order of this Court entered March 22, 2001 (M-460/M-845) recalled and vacated.

Tom, J.P., Marlow, Ellerin, Sweeny, Catterson, JJ.

M-5785     In the Matter of Landmark West! v Tierney

Stay denied.

Mazzarelli, J.P., Andrias, Sullivan, Williams, Malone, JJ.

M-5735     In Re: New York City Asbestos Litigation - - Marshall v A.C. and S., Inc.
(And Another Action)

Appeals consolidated; time to perfect same enlarged to the March 2006 Term.

Mazzarelli, J.P., Andrias, Sullivan, Williams, Malone, JJ.

M-5779     Lombardi v Euromarket Designs, doing business as Crate & Barrel, also known as Crate and Barrel
(And a Third-Party Action)

Time to perfect appeal enlarged to the March 2006 Term.

Mazzarelli, J.P., Andrias, Sullivan, Williams, Malone, JJ.

M-5490     McNally v HRH Corporation

Time to perfect appeal enlarged to the March 2006 Term.

Mazzarelli, J.P., Andrias, Sullivan, Williams, Malone, JJ.

M-5491     Maksuti v Best Italian Pizza

Time to perfect appeal enlarged to the March 2006 Term.

Mazzarelli, J.P., Andrias, Sullivan, Williams, Malone, JJ.

M-5190     Garcia v Stickel

Stay denied.

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

M-2582     New York City Housing Authority - -Bailey Avenue-West 193rd Street v Eaddy

Leave to appeal from the Appellate Term and other relief denied.

Saxe, J.P., Marlow, Ellerin, Gonzalez, McGuire, JJ.

M-5784     Petito v City of New York

Stay of trial denied.

Saxe, J.P., Marlow, Nardelli, Gonzalez, Sweeny, JJ.

M-5360     People v Paniagua, Juan

Appeal deemed withdrawn.

Saxe, J.P., Marlow, Ellerin, Gonzalez, McGuire, JJ.

M-5875     People v Dancy, Alfred

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

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

M-5754     King v King

Consolidated appeals stricken from the calendar; appellant to perfect consolidated appeals for the March 2006 Term, as indicated. Clerk directed to accept filing without further fee.

Sullivan, J.P., Ellerin, Williams, Gonzalez, McGuire, JJ.

M-5402     Nesbitt v Lorence

Appeal stricken from calendar, with leave to petitioner to perfect said appeal for the March 2006 Term, as indicated. Clerk directed to accept filing without further fee.

Tom, J.P., Ellerin, Williams, Gonzalez, Catterson, JJ.

M-5543     In the Matter of Robert A. Kahn,
a suspended attorney:

Petitioner 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., Andrias, Sullivan, Ellerin, Nardelli, JJ.

M-5790     In the Matter of Sidney Baumgarten,
a disbarred attorney:

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