| THE FOLLOWING MOTION ORDERS WERE ENTERED AND FILED ON NOVEMBER 3, 2005 |
| Buckley, P.J., Tom, Mazzarelli, Andrias, Saxe, JJ. M-5969X In the Matter of Metropolitan Property & Casualty Insurance Company v Clark M-5988X Zerling v Jacobs Cedillos M-6012 People v Johnson, Kenneth M-6013X L.R.I. & Investments, Inc. v Standard LifeInsurance Company of Oregon, Inc. M-6014X Sorge v Restaurant Associates at Rockefeller Center, Inc., also known as The Rockefeller Center Skating Rink M-6037X Gerard v Gerard M-6038X 2200 M Street LLC v Bovis Lend/Lease Inc. (formerly known as Bovis Construction Corp.) (And a third-party action) M-5968X Barnes v Red Coat Capital Management, LLC (And another action) Appeals withdrawn. |
| Buckley, P.J., Tom, Mazzarelli, Andrias, Saxe, JJ. M-6011 Coradin v Jones Appeal, previously perfected for the November 2005 Term, withdrawn. |
| Buckley, P.J., Tom, Mazzarelli, Andrias, Saxe, JJ. M-5765 People v Taliefrero, Anthony, also known as Taliafero, Anthony Appeals consolidated; leave to prosecute same as a poor person granted, as indicated. |
| Buckley, P.J., Tom, Mazzarelli, Andrias, Saxe, JJ. M-5755 People v Aracena, Rafael M-5757 Jordan, Andre M-5758 Scott, Sylvester M-5759 Simmons, Athel M-5760 Sims, Patrick M-5761 Sinclair, Everard M-5763 Smith, Floyd, also known as Smith, Floyd Matthew M-5764 Stone, Clay, also known as Reese, William M-5766 Velasquez, Freddie, also known as Velasquez, Freddi M-5768 White, Walter M-5769 Williams, Tyrone, also known as Williams, Tyrone L. Leave to prosecute appeals as poor persons granted, as indicated. |
| Buckley, P.J., Tom, Andrias, Sullivan, Malone, JJ. M-5508 In the Matter of C., Kimberly The Children's Aid Society Leave to prosecute appeal as a poor person granted, as indicated. |
| Buckley, P.J., Saxe, Marlow, Ellerin, Williams, JJ. M-5098 S., Jill v S., Steven Leave to appeal to this Court denied. |
| Buckley, P.J., Tom, Andrias, Sullivan, Malone, JJ. M-5401 McCalla v Medical Liability Mutual Insurance Company, improperly sued as successor to Medical Malpractice Insurance Association Time to perfect appeal enlarged to the March 2006 Term. |
| Buckley, P.J., Mazzarelli, Saxe, Friedman, Catterson, JJ. M-3946 Rivera v Nelson Realty, LLC Reargument or other relief denied. |
| Tom, J.P., Andrias, Sullivan, Gonzalez, Malone, JJ. M-5200 People v Jones, Gary Appeal dismissed. |
| Tom, J.P., Mazzarelli, Friedman, Catterson, McGuire, JJ. M-4896 Transcare New York, Inc. v AIU Insurance Appeal from order and judgment (one paper) of Supreme Court, New York County, entered on or about October 13, 2004, dismissed. |
| Tom, J.P., Andrias, Sullivan, Gonzalez, Sweeny, JJ. M-5178 Rubinstein & Rubinstein, LLP v Infinite Public Relations, LLC Leave to appeal from the Appellate Term and other relief denied. |
| Mazzarelli, J.P., Friedman, Marlow, Nardelli, JJ. M-5204 In the Matter of B., Kadiatou Administration for Children's Services Leave for respondent mother to respond to appeal as a poor person granted, as indicated; appeal adjourned to the February 2006 Term. (See M-5042, decided simultaneously herewith.) |
| Mazzarelli, J.P., Friedman, Marlow, Nardelli, JJ. M-5042 In the Matter of B., Kadiatou Administration for Children's Services Leave for respondent father to respond to appeal as a poor person granted, as indicated; appeal adjourned to the February 2006 Term. (See M-5204, decided simultaneously herewith.) |
| Mazzarelli, J.P., Andrias, Friedman, Gonzalez, Catterson, JJ. M-5183 Matias v Rebecca's Bakery Reargument denied. |
| Mazzarelli, J.P., Saxe, Ellerin, Gonzalez, Catterson, JJ. M-5568 Fazio v Main Duane Owners Corp. Time to perfect appeal enlarged to the March 2006 Term. |
| Mazzarelli, J.P., Marlow, Nardelli, Catterson, JJ. M-2891 J.A.O. Acquisition Corp. v Stavitsky (And a third-party action) Reargument denied; stay of trial denied. (See Appeal No. 6817, decided simultaneously herewith.) The interim relief granted by order of a Justice of this Court, dated July 7, 2005, vacated. |
| Mazzarelli, J.P., Sullivan, Williams, Gonzalez, Catterson, JJ. M-4597 People v Torres, Jason Matter remanded to Supreme Court, Bronx County, for a reconstruction of record, as indicated; motion otherwise denied. |
| Andrias, J.P., Marlow, Gonzalez, Sweeny, Catterson, JJ. M-4048 In the Matter of M., Racquel Olivia; and M., Andrian M-4056Gina, also known as M., Gina The Children's Aid Society Leave to prosecute appeal as a poor person denied, with leave to renew, as indicated; dismissal of appeal and related relief denied. |
| Andrias, J.P., Saxe, Friedman, Nardelli, Malone, JJ. M-5102 Tosi v The Hospital for Special Surgery Time to perfect appeal enlarged to the February 2006 Term. |
| Andrias, J.P., Saxe, Friedman, Nardelli, Malone, JJ. M-5199 People v Tice, Angel Enlargement of time to file notice of appeal denied. |
| Andrias, J.P., Marlow, Sullivan, Gonzalez, Sweeny, JJ. M-4564 Berrios v Our Lady of Mercy Medical Center Reargument/renewal denied. |
| Saxe, J.P., Marlow, Nardelli, Gonzalez, Sweeny, JJ. M-5047 Executive Risk Indemnity Inc. v Remley Appeal dismissed unless perfected for the March 2006 Term, as indicated. |
| Saxe, J.P., Friedman, Marlow, Sullivan, Williams, JJ. M-5025 Leskinen v Fusco; Shearer & Essner, LLP v Apfel M-5468 Clarification denied; cross motion in opposition to motion for clarification granted to the extent indicated, and otherwise denied. |
| Marlow, J.P., Nardelli, Williams, Sweeny, McGuire, JJ. M-5219 Wisehart v Wien & Malkin LLP Stay and other relief denied. |
| Sullivan, J.P., Ellerin, Williams, Gonzalez, McGuire, JJ. M-5375 People v Perry, Timothy Appeal dismissed. |
| Sullivan, J.P., Ellerin, Williams, Gonzalez, McGuire, JJ. M-5331 People v Pena, Antonio Moving papers deemed a timely filed notice of appeal; leave to prosecute appeal as a poor person granted, as indicated. |
| Sullivan, J.P., Ellerin, Williams, Gonzalez, JJ. M-5253 The CIT Group/Commercial Services, Inc. v Ganglani Dismissal of appeal denied; notice of appeal dated August 25, 2005 filed in the office of the Clerk, New York County on August 26, 2005 deemed timely served. |
| Sullivan, J.P., Ellerin, Williams, Gonzalez, McGuire, JJ. M-3439 Goldman & Goldman, P.C. v The Department of M-3987Finance of the City of New York Dismissal of petition granted, with leave to renew, as indicated. |
| Friedman, J. M-5540 People v Redzeposki, Mednan Leave to appeal to the Court of Appeals granted, as indicated. |
| Sullivan, J. M-3839 People v Rodriguez, Richard Leave to appeal to the Court of Appeals denied. |
| Sullivan, J. M-2680 People v Royster, John Reargument 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-5562Julia H. Kudenholdt, admitted on 6-3-85, 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-5732Dane Joseph Neller, admitted on 2-4-85, 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., Andrias, Saxe, Friedman, Catterson, JJ. M-1931A In the Matter of William J. Lazaroni, Deceased (admitted as William Joseph Lazarony): Order and Opinion Per Curiam issued by this Court on July 14, 2005 (M-1931) recalled and vacated, as indicated. No opinion. All concur. |
| The following order was entered and filed on November 1, 2005: |
| Saxe, J.P., Marlow, Nardelli, Gonzalez, Sweeny, JJ. M-5301 Strongback Corporation v N.E.D. Cambridge Avenue Development Corp. Stay granted. |