| THE FOLLOWING MOTION ORDERS WERE ENTERED AND FILED ON OCTOBER 4, 2005 |
| Buckley, P.J., Tom, Mazzarelli, Andrias, Saxe, JJ. M-5096X The Dance of the Vampires Company, LLC v Auto Theatrics Group, Inc. Appeal withdrawn. |
| Buckley, P.J., Tom, Mazzarelli, Andrias, Saxe, JJ. M-5147 People v Souss, Dean Appeal withdrawn. |
| Buckley, P.J., Tom, Mazzarelli, Andrias, Saxe, JJ. M-5148 People v Bryant, Douglas Appeal withdrawn. |
| Buckley, P.J., Tom, Mazzarelli, Andrias, Saxe, JJ. M-5155X Jacobs v HRH Construction LLC Appeal withdrawn. |
| Buckley, P.J., Tom, Mazzarelli, Andrias, Saxe, JJ. M-5101X Lucas v Talullah Enterprises, LLC Appeal and cross appeal withdrawn. |
| Buckley, P.J., Tom, Mazzarelli, Saxe, Friedman, JJ. M-2774A In the Matter of V., Savannah Marie Catholic Home Bureau for Dependent Children Dismissal of appeal denied; leave to prosecute appeal as a poor person granted, as indicated; the order of this Court entered on August 4, 2005 (M-2774) recalled and vacated. |
| Buckley, P.J., Friedman, Sullivan, Nardelli, JJ. M-5023 Duane Read, a general partnership v Reva Holding Corp. Stipulation annexed to the moving papers deemed "so-ordered", as indicated. |
| Tom, J.P., Marlow, Ellerin, Williams, McGuire, JJ. M-4758 In the Matter of O., Luis Time to perfect appeal enlarged to the January 2006 Term. |
| Tom, J.P., Marlow, Ellerin, Williams, McGuire, JJ. M-4766 Cooney v The Second Toro Family, Ltd. Partnership Motion to enlarge time to perfect appeal deemed withdrawn. |
| Tom, J.P., Marlow, Ellerin, Williams, McGuire, JJ. M-4569 Khodyrkin v Tommy Hilfiger U.S.A., Inc. (And other actions) Stay of trial granted; notice of appeal from order entered on or about March 7, 2005 deemed valid. |
| Mazzarelli, J.P., Andrias, Ellerin, Gonzalez, McGuire, JJ. M-4931 People v Singleton, Michael Leave to prosecute appeal as a poor person granted, as indicated. |
| Mazzarelli, J.P., Andrias, Ellerin, Gonzalez, McGuire, JJ. M-4544 In the Matter of L., Tyree M-4545 Trial counsel relieved; leave to prosecute appeal as a poor person granted, as indicated. |
| Mazzarelli, J.P., Andrias, Ellerin, Gonzalez, McGuire, JJ. M-4984 In the Matter of The Rehabilitation of Frontier Insurance Company Callon Petroleum Co. Time to perfect appeal enlarged to the January 2006 Term. |
| Mazzarelli, J.P., Saxe, Sweeny, Catterson, Malone, JJ. M-4905 The State of New York v Philip Morris Incorporated Amicus curiae brief submitted with moving papers deemed filed. |
| Mazzarelli, J.P., Saxe, Sweeny, Catterson, Malone, JJ. M-4520 Kaminsky v Segura M-4757 Appeal adjourned to the December 2005 Term, and motion otherwise denied; leave to enlarge record on appeal granted, all as indicated. |
| Andrias, J.P., Marlow, Gonzalez, Sweeny, Catterson, JJ. M-4101 People v Arroyo, Luis Leave to prosecute appeal as a poor person denied, with leave to renew, as indicated. |
| Andrias, J.P., Marlow, Gonzalez, Sweeny, Catterson, JJ. M-4111 People v Kennedy, Eugene Leave to prosecute appeal as a poor person denied, with leave to renew, as indicated. |
| Andrias, J.P., Marlow, Gonzalez, Sweeny, Catterson, JJ. M-4113 People v Mauro, Tony Leave to prosecute appeal as a poor person denied, with leave to renew, as indicated. |
| Andrias, J.P., Marlow, Gonzalez, Sweeny, Catterson, JJ. M-4115 People v Pequero, Ramon Leave to prosecute appeal as a poor person denied, with leave to renew, as indicated. |
| Andrias, J.P., Marlow, Sullivan, Ellerin, Nardelli, JJ. M-3143 Soumayah v Minelli Reargument or other relief denied. |
| Andrias, J.P., Friedman, Sullivan, Gonzalez, JJ. M-4953 People v Wilkins, Edward Leave to file pro se supplemental brief granted for the February 2006 Term, to which Term appeal adjourned, as indicated; motion otherwise denied. |
| Saxe, J.P., Marlow, Williams, Sweeny, Catterson, JJ. M-3947 Fintzi v Riverdale Riding Corporation, sued herein as Riverdale Equestrian Centre Dismissal of appeal denied, without prejudice to addressing the issue on appeal. |
| Saxe, J.P., Marlow, Williams, Sweeny, Catterson, JJ. M-4499 People v Morusma, Jean Time to perfect appeal enlarged to the February 2006 Term. |
| Saxe, J.P., Marlow, Williams, Sweeny, Catterson, JJ. M-4046 Gaumer v 233 West 4th Street, LLC Appeal adjourned to the December 2005 Term; motion otherwise denied. |
| Saxe, J.P., Sullivan, Nardelli, Williams, JJ. M-3062 Berman v Waverly Associates Reargument or other relief denied. |
| Friedman, J.P., Marlow, Gonzalez, Catterson, JJ. M-4607 People v Sparber, Daniel, also known as Sparber, Deniel Counsel substituted. |
| Friedman, J.P., Marlow, Gonzalez, Catterson, JJ. M-4654 People v Stallings, Anthony Motion to be relieved as counsel dismissed for lack of jurisdiction, defendant having been denied an enlargement of time to file a notice of appeal by order entered on February 8, 2005 (M-129). |
| Friedman, J.P., Sullivan, Nardelli, Gonzalez, Sweeny, JJ. M-4498 In the Matter of D., Ashley Lisa and C., Anthony, Jr. Episcopal Social Services Leave to prosecute appeal as a poor person granted, as indicated. (See M-4498A, decided simultaneously herewith.) |
| Sweeny, J. M-4498A In the Matter of D., Ashley Lisa and C., Anthony, Jr. Episcopal Social Services Stay denied. (See M-4498, decided simultaneously herewith.) |
| Marlow, J.P., Ellerin, Nardelli, Williams, Sweeny, JJ. M-4030 Anonymous v Anonymous Leave to appeal to the Court of Appeals granted, as indicated. |
| Marlow, J.P., Gonzalez, Sullivan, Catterson, JJ. M-2742 Citibank, N.A. v Clavan M-2921 Renewal/reargument denied; defendant-appellant prohibited from making any more motions without prior permission of this Court. |
| Marlow, J. M-4552 People v Brown, Carl Leave to appeal to this Court denied, as indicated. (See M-3185 entered on September 29, 2005.) |
| Buckley, P.J., Tom, Mazzarelli, Saxe, Friedman, JJ. M-2215 In the Matter of Luis A. Flores M-3288 (admitted as Luis Alberto Flores), an attorney and counselor-at-law: Respondent suspended from the practice of law in the State of New York, effective immediately and until further order of the Court, as indicated. Cross motion granted to the extent indicated and otherwise denied. Opinion Per Curiam. All concur. |
| Buckley, P.J., Andrias, Sullivan, Ellerin, Williams, JJ. M-3278 In the Matter of Barry W. Horowitz (admitted as Barry Wayne Horowitz) a suspended attorney: Respondent disbarred and his name stricken from the roll of attorneys and counselors-at-law in the State of New York, effective the date hereof. Opinion Per Curiam. All concur. |