| THE FOLLOWING MOTION ORDERS WERE ENTERED AND FILED ON OCTOBER 6, 2005 |
| Buckley, P.J., Tom, Mazzarelli, Andrias, Saxe, JJ. M-5094 Olympic Diamond Corp. v Underwriters at Interest at Lloyd's London (And a third-party action) Appeal, previously perfected for the September 2005 Term, withdrawn. |
| Buckley, P.J., Tom, Mazzarelli, Andrias, Saxe, JJ. M-5201 In the Matter of M., Krystal Appeal withdrawn. |
| Buckley, P.J., Tom, Mazzarelli, Andrias, Saxe, JJ. M-5202 In the Matter of D., Roberto Appeal withdrawn. |
| Buckley, P.J., Tom, Mazzarelli, Andrias, Saxe, JJ. M-5210X Hunter Group, Inc. v Reseal International Corporation Appeal withdrawn. |
| Buckley, P.J., Tom, Mazzarelli, Andrias, Saxe, JJ. M-5234 People v Reyes, Gabriel Appeal withdrawn. |
| Buckley, P.J., Friedman, Marlow, Sullivan, JJ. M-3823 Garner v Agiovlasitis Reargument denied. |
| Buckley, P.J., Tom, Mazzarelli, Ellerin, Gonzalez, JJ. M-3771 Estate of Mooney - McGarr v The Guardian Life Insurance Company of America Leave to appeal to the Court of Appeals denied. |
| Buckley, P.J., Andrias, Sullivan, Ellerin, Williams, JJ. M-3353 Water Street Leasehold LLC v Deloitte & Touche LLP Reargument or other relief denied. |
| Buckley, P.J., Tom, Mazzarelli, Sullivan, Friedman, JJ. M-4702 M-4742 M-4660 Intertrade Internationale, Ltd. v Maldonado; Maldonado v Department of Buildings Stay of eviction denied (M-4702 & M-4742). Time to perfect appeal from order entered on or about November 3, 2004 dismissing petitioner's Article 78 proceeding enlarged to the February 2006 Term (M-4660). |
| Buckley, P.J., Saxe, Nardelli, Williams, Catterson, JJ. M-3980 M-3981 Birriel v F.L. Smithe Machine Co., Inc. (And a third-party action) Stay of discovery granted; stay of appeals denied. |
| Buckley, P.J., Andrias, Saxe, Friedman, JJ. M-2735 People v Afflic, David Writ of error coram nobis denied. |
| Tom, J.P., Marlow, Ellerin, Williams, McGuire, JJ. M-4782 People v Deaza, Jose Appeal deemed withdrawn. |
| Tom, J.P., Marlow, Ellerin, Williams, McGuire, JJ. M-4965 Ramirez v Miller Stay of trial granted; appellants directed to perfect appeal for the February 2006 Term. |
| Tom, J.P., Marlow, Ellerin, Williams, McGuire, JJ. M-4744Borress & Borress LLC v CSJ LLC Appeal dismissed unless perfected for the February 2006 Term, as indicated. |
| Tom, J.P., Mazzarelli, Friedman, Gonzalez, Catterson, JJ. M-4729 Bodden v Penn-Attransco Corp. Leave to appeal to the Court of Appeals denied. |
| Tom, J.P., Marlow, Sullivan, Nardelli, Williams, JJ. M-3474 M-3600 In re Professional Staff Congress - City University of New York v New York State Public Employment Relations Board Leave to appeal to the Court of Appeals denied. |
| Tom, J.P., Sullivan, Ellerin, Nardelli, Williams, JJ. M-3924 In re Cameron v Cataldo Reargument denied. |
| Tom, J.P., Marlow, Ellerin, Williams, McGuire, JJ. M-4727 M-4991 Kobre v United Jewish Appeal-Federation of Jewish Philanthropies of New York, Inc. - FOJP Service Corporation Amicus brief deemed filed; appeal adjourned to the January 2006 Term. |
| Mazzarelli, J.P., Andrias, Ellerin, Gonzalez, McGuire, JJ. M-4929 In re Santana v New York City Housing Authority Proceeding dismissed. |
| Mazzarelli, J.P., Andrias, Ellerin, Gonzalez, McGuire, JJ. M-4606 In the Matter of B., Leon Trial counsel relieved; leave to prosecute appeal as a poor person granted, as indicated. |
| Mazzarelli, J.P., Saxe, Sweeny, Catterson, Malone, JJ. M-4754 Horsford v Bacott Leave to prosecute appeal as a poor person granted to the extent indicated. |
| Mazzarelli, J.P., Saxe, Sweeny, Catterson, Malone, JJ. M-4897 501 Seventh Avenue Associates, LLC v 501 Seventh Avenue Bake Corp., doing business as Pax Wholesome Foods Leave to appeal from the Appellate Term denied. |
| Mazzarelli, J.P., Andrias, Saxe, Williams, Catterson, JJ. M-3018 M-3381 Cintron v New York City Transit Authority Reargument or other relief denied; cross motion for reargument granted and, upon reargument, decision and order of this Court entered June 9, 2005 (Appeal No. 6103) is recalled and vacated and a new decision and order substituted therefor. (See Appeal No. 6103, decided simultaneously herewith.) |
| Mazzarelli, J.P., Friedman, Nardelli, McGuire, JJ. M-4608 People v Sosa, Jose Renewal granted; order of this Court entered on December 9, 2003 (M-5033) recalled and vacated, and appeal dismissed, as indicated. |
| Mazzarelli, J.P., Ellerin, Nardelli, Williams, Catterson, JJ. M-2685 Estate of Marceca - Blumenthal v Dominion Financial Corporation Reargument denied. |
| Andrias, J.P., Friedman, Sullivan, Gonzalez, JJ. M-5058 New York City Asbestos Litigation - Philbin v A.C. & S., Inc. (And a second action) Appeals consolidated; Clerk directed to calendar same for hearing together in first week of November 2005 Term. |
| Andrias, J.P., Saxe, Sullivan, Ellerin, Sweeny, JJ. M-3601 The Segal Company v Certain Underwriters at Lloyd's, London Reargument denied, as indicated. |
| Andrias, J.P., Marlow, Gonzalez, Sweeny, Catterson, JJ. M-4533 People ex rel. Ruiz, Edgar v New York State Division of Parole Writ of habeas corpus denied. (See order of this Court entered September 8, 2005 [M-3199].) |
| Andrias, J.P., Friedman, Sullivan, Gonzalez, JJ. M-4774 Hunan Lake Restaurant Corp. v East Midtown Plaza Housing Co. Motion denied, as indicated. |
| Saxe, J.P., Marlow, Williams, Sweeny, Catterson, JJ. M-4683 Sawhney v Robbins Consolidated appeals dismissed. |
| Saxe, J.P., Marlow, Sullivan, Williams, Gonzalez, JJ. M-2713 Estate of Merker - Merker v Rubenstein Reargument or other relief denied. |
| Saxe, J.P., Friedman, Marlow, Sullivan, Williams, JJ. M-2819 M-2922 Leskinen v Fusco (And other actions) Leave to appeal to the Court of Appeals denied; cross motion granted to the extent indicated, and otherwise denied. |
| Saxe, J.P., Marlow, Williams, Sweeny, Catterson, JJ. M-4752 People v Ravel, Ramon Notice of appeal and order of assignment amended, and counsel substituted, as indicated. |
| Friedman, J.P., Marlow, Gonzalez, Catterson, JJ. M-4558 People v Silverio, Hector Appeal dismissed. |
| Friedman, J.P., Nardelli, Williams, Gonzalez, Sweeny, JJ. M-2893 330 Acquisition Co., LLC v Regency Savings Bank, F.S.B. Reargument or other relief denied. |
| Marlow, J.P., Ellerin, Williams, Sweeny, JJ. M-3030 Mallon, doing business as Mallon & Associates v Security Technologies Group, Inc. Reargument denied. |
| Marlow, J.P., Ellerin, Williams, Catterson, McGuire, JJ. M-5020 In the Matter of A., Christian Time to perfect appeal enlarged to the January 2006 Term. Buckley, P.J. M-4532 People v Avincola, Luis Leave to appeal to this Court denied. |
| Tom, J. M-3192 People v Paramore, Robert Leave to appeal to this Court denied. |
| Marlow, J. M-3671 People v Santana, Jose Leave to appeal to this Court and other relief denied. |
| Marlow, J. M-3331 People v Washington, Dexter 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-5213Patricia A. Sheehan, admitted on 7-6-87, 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. |
| Tom, J.P., Sullivan, Ellerin, Nardelli, Williams, JJ. M-2536 In the Matter of Daniel S. Lieberman (admitted as Daniel Scott Lieberman), an attorney and counselor-at-law: Respondent's resignation accepted and his name stricken from the roll of attorneys and counselors-at-law in the State of New York, nunc pro tunc to May 26, 2005. Respondent directed to make reimbursement to the Lawyers' Fund for Client Protection or restitution to his client, as indicated. Opinion Per Curiam. All concur. |
| Mazzarelli, J.P., Andrias, Marlow, Sullivan, Gonzalez, JJ. M-2615 In the Matter of Ronald Richard, 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. |
| The following order was entered and filed on October 4, 2005: |
| Tom, J.P., Marlow, Ellerin, Williams, McGuire, JJ. M-4992 2365 Lorillard Corp. v Krumszyn (And another action) Leave to file supplemental record on appeal granted, as indicated. |