| THE FOLLOWING MOTION ORDERS WERE ENTERED AND FILED ON NOVEMBER 29, 2005 |
| Buckley, P.J., Tom, Mazzarelli, Andrias, Saxe, JJ. M-6297X Camacho v Conway Stores, Inc. Appeal withdrawn. |
| Buckley, P.J., Tom, Mazzarelli, Andrias, Saxe, JJ. M-6331X So v R & M Richards, Inc. Appeal withdrawn. |
| Buckley, P.J., Tom, Mazzarelli, Andrias, Saxe, JJ. M-6448X Gavitt v Citnalta Construction Corporation Appeal withdrawn. |
| Buckley, P.J., Tom, Mazzarelli, Andrias, Saxe, JJ. M-6341X Aguilar v The New York City Housing Authority (And a third-party action) Appeals and cross appeal withdrawn. |
| Buckley, P.J., Nardelli, Williams, Gonzalez, McGuire, JJ. M-5560 Robles v GNF Properties Company, Inc. Appeal dismissed. |
| Buckley, P.J., Tom, Mazzarelli, Andrias, Saxe, JJ. M-6274 People v Andujal, Mauricio, also known as Hernandez, Andoro M-6276 Davis, Michael A. M-6277 France, Donald M-6283 Sable, Oscar M-6285 Stephenson, Jerry Leave to prosecute appeals as poor persons granted, as indicated. |
| Buckley, P.J., Tom, Mazzarelli, Saxe, Friedman, JJ. M-5808 People v Robinson, David Leave to prosecute appeal as a poor person granted, as indicated. |
| Buckley, P.J., Nardelli, Williams, Gonzalez, McGuire, JJ. M-5812 People v Jones, Christopher Moving papers deemed a timely filed notice of appeal; leave to prosecute appeal as a poor person granted, as indicated. |
| Buckley, P.J., Tom, Andrias, Sullivan, Malone, JJ. M-5511 People v Eddie, Jaimel Leave to prosecute appeal as a poor person denied, with leave to renew, as indicated. |
| Buckley, P.J., Tom, Andrias, Sullivan, Malone, JJ. M-5512 People v Escolastico, Bismark Leave to prosecute appeal as a poor person denied, with leave to renew, as indicated. |
| Buckley, P.J., Tom, Andrias, Sullivan, Malone, JJ. M-5514 People v Fers, Daniel Leave to prosecute appeal as a poor person denied, with leave to renew, as indicated. |
| Buckley, P.J., Tom, Saxe, Gonzalez, Malone, JJ. M-5823 People v Pena, Roy Moving papers deemed a timely filed notice of appeal. |
| Buckley, P.J., Nardelli, Williams, Gonzalez, McGuire, JJ. M-5555 Stewart v Manhattan and Bronx Surface Transit Operating Authority Time to perfect appeal enlarged to the March 2006 Term. |
| Buckley, P.J., Mazzarelli, Ellerin, Catterson, McGuire, JJ. M-5805 Romero v Twin Parks Southeast Houses Inc. Time to perfect appeal enlarged to the March 2006 Term. |
| Buckley, P.J., Mazzarelli, Ellerin, Catterson, McGuire, JJ. M-6051 Baje Realty Corp. v Cutler v Sakow Time to perfect appeal enlarged to the March 2006 Term. |
| Buckley, P.J., Mazzarelli, Ellerin, Catterson, McGuire, JJ. M-6004 Sellitto v New York City Industrial Development Agency; Sellitto v AIU Realty, Inc. (And a second third-party action) Time in which respective parties to perfect their appeal and cross appeal enlarged to the April 2006 Term, as indicated. |
| Buckley, P.J., Mazzarelli, Ellerin, Catterson, McGuire, JJ. M-5960 People v Levites, Roman Pro se appellant's brief enclosed with the moving papers deemed timely filed for the February 2006 Term, to which Term appeal adjourned; motion otherwise denied. |
| Buckley, P.J., Tom, Saxe, Gonzalez, Malone, JJ. M-5714 People v Danielson, Khalil Leave to file pro se supplemental brief and related relief denied. |
| Buckley, P.J., Mazzarelli, Ellerin, Catterson, McGuire, JJ. M-5822 People v Whittaker, Rolando Leave to proceed pro se granted, as indicated. |
| Buckley, P.J., Nardelli, Williams, Gonzalez, McGuire, JJ. M-5189 Jones v Cityspire Centre, LLC, also known as M-5405 Cityspire Center, LLC M-5825 (and third and fourth-party actions) M-5931 Deposition transcript and exhibit allowed to be submitted as exhibits on the appeal; defendant-respondent-appellant directed to submit a supplemental record containing its notice of appeal, deemed to be a notice of cross appeal; record as supplemented deemed to be a joint record on appeal; appeal and cross appeal adjourned to the February 2006 Term, all as indicated. |
| Tom, J.P., Andrias, Friedman, Sullivan, Malone, JJ. M-5839 Bezer v The City of New York, N.Y. Leave to prosecute appeal as a poor person granted to the extent indicated. |
| Mazzarelli, J.P., Friedman, Nardelli, Sweeny, McGuire, JJ. M-6083 People v DeLeon, Christian Orlando Leave to prosecute appeal as a poor person granted, as indicated. |
| Mazzarelli, J.P., Marlow, Williams, Sweeny, Catterson, JJ. M-6045 239 East 79th Owners Corp. v Lamb 29 & 2 Corp. Appeal and cross appeal adjourned to the April 2006 Term; motion otherwise denied. |
| Mazzarelli, J.P., Friedman, Nardelli, Sweeny, McGuire, JJ. M-6328 Alston v Metropolitan Transit Authority (MTA) Group, Inc. Time to perfect appeal enlarged to on or before January 30, 2006 for the April 2006 Term; motion otherwise denied. |
| Andrias, J.P., Marlow, Gonzalez, Sweeny, Catterson, JJ. M-5962 People v Kennedy, Eugene Leave to prosecute appeal as a poor person granted, as indicated. |
| Saxe, J.P., Marlow, Nardelli, Gonzalez, Sweeny, JJ. M-5419 Zormati v Forest Hills Financial Group, Inc. M-5534 Appeal dismissed; enlargement of time to perfect appeal denied. |
| Saxe, J.P., Marlow, Ellerin, Gonzalez, McGuire, JJ. M-5929 People v Ramirez, Robert Leave to prosecute appeal as a poor person and related relief granted; 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. |
| Saxe, J.P., Marlow, Ellerin, Gonzalez, McGuire, JJ. M-5959 Metropolitan Management, LLC v Fireman's Insurance Company of Washington, D.C. Appeal dismissed unless perfected for the April 2006 Term, as indicated. |
| Saxe, J.P., Marlow, Ellerin, Gonzalez, McGuire, JJ. M-5750 DCD Delmonico Properties, LLC v The Delmonico Plaza Condominium Time to perfect appeal enlarged to the March 2006 Term. |
| Saxe, J.P., Marlow, Ellerin, Gonzalez, McGuire, JJ. M-5532 In the Matter of Sprizzo v Commissioner of the New York City Department of Buildings Time to perfect appeal enlarged to on or before July 10, 2006 for the September 2006 Term. |
| Friedman, J.P., Sullivan, Nardelli, Williams, Sweeny, JJ. M-5993 People v Nesbitt, Darren Leave to prosecute appeal as a poor person granted, as indicated. |
| Friedman, J.P., Sullivan, Nardelli, Williams, Sweeny, JJ. M-5992 People v Garrido, Juan Appeals consolidated; poor person relief and assignment of counsel previously afforded defendant by order entered on March 22, 2005 (M-688) extended to cover judgment and judgment of resentence, as indicated. |
| Marlow, J.P., Nardelli, Williams, Sweeny, McGuire, JJ. M-5361 People v King, James Time to perfect appeal enlarged to the March 2006 Term. |
| Catterson, J. M-5742 People v Siao-Pao, Leopold Leave to appeal to this Court and other relief denied. |
| Catterson, J. M-6303 In the Matter of Hoffman 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-4484Valerie Lisa Capers, admitted on 1-30-91, 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. |
| The following orders were entered and filed on November 22, 2005: |
| Buckley, P.J., Andrias, Saxe, Nardelli, Malone, JJ. M-6412 In the Matter of C/S 12th Avenue LLC v The City of New York (And five other actions) Appeals consolidated and preference granted; Clerk directed to calendar proceedings for hearing together in the first week of the February 2006 Term; separate letters of Bulgroup Colorado L.L.C. and Waterfront NY, L.P. by Steven I. Honig, Esq., both dated November 3, 2005, deemed insufficient for the purpose of commencement of a special proceeding in the Appellate Division of the Supreme Court pursuant to EDPL §207(a) absent the filing of a notice of petition and the payment of the requisite fee (CPLR 8022[b]), all as indicated. |
| Tom, J.P., Marlow, Ellerin, Williams, McGuire, JJ. M-616A Waltzer v Tradescape & Co., L.L.C., formerly known as M-5024A C.S. Block & Co., L.L.C. Tradescape Securities M-5565A 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, including the aforesaid appeal of defendant Sharif Amanat from the final judgment entered against him on or about October 5, 2005, which appeal he was previously directed to perfect for the January 2006 Term by order of this Court entered on August 4, 2005 (M-1664), all as indicated. The order of this Court entered on November 15, 2005 (M-616/M-5024/M-5565) recalled and vacated. |