| THE FOLLOWING MOTION ORDERS WERE ENTERED AND FILED ON SEPTEMBER 15, 2005 |
| Buckley, P.J., Tom, Mazzarelli, Andrias, Saxe, JJ. M-4604X Spector & Feldman, LLP v Second Avenue 800 LLC M-4610X Missan v The Equitable Life Assurance Society of the United States M-4611X ERS Enterprises, Inc. v Empire Holdings LLC M-4612X Shkrelja v Exxon Mobil Corporation M-4622 People v Chambers, Charles M-4677X New York New York Modeling Agency, Inc. v S & R Properties of New York, Inc. M-4678X Empire State Building Company L.L.C. v Infosys International Inc. M-4709 People v Venable, Rachelle M-4711 People v Coppolo, Frank, also known as Coppollo, Frank M-4719X Huang v New York City Transit Authority M-4720 People v Sanchez, John M-4731 People v Rodriguez, Juan Appeals withdrawn. |
| Buckley, P.J., Tom, Mazzarelli, Andrias, Saxe, JJ. M-4676X TIC Holdings, LLC v HR Software Acquisitions Group, Inc. Appeal and cross appeal withdrawn. |
| Buckley, P.J., Tom, Mazzarelli, Andrias, Saxe, JJ. M-4488 In the Matter of Jewish Association for Services for the Aged ("JASA"), Community Guardian Program McGushion Appeal, previously perfected for the October 2005 Term, withdrawn. |
| Buckley, P.J., Tom, Mazzarelli, Andrias, Saxe, JJ. M-4512 Certain Underwriters at Lloyd's, London v The New Jersey Property-Liability Insurance Guaranty Association Appeal, previously perfected for the October 2005 Term, withdrawn. |
| Buckley, P.J., Tom, Mazzarelli, Andrias, Saxe, JJ. M-4571 Cummings v The City of New York Appeal, previously perfected for the October 2005 Term, withdrawn. |
| Buckley, P.J., Tom, Mazzarelli, Andrias, Saxe, JJ. M-4721 People v Olivera, Eddie Appeal, previously perfected for the October 2005 Term, withdrawn. |
| Buckley, P.J., Tom, Mazzarelli, Andrias, Saxe, JJ. M-4708 Lopez v Halmar Construction Corp.; Halmar Builders of New York v Ajay, Inc. (And other actions) Direct appeal by third third-party plaintiff, previously perfected for the November 2005 Term, withdrawn; appeal by third third-party defendant remains extant. |
| Buckley, P.J., Tom, Marlow, Gonzalez, Catterson, JJ. M-3188 People v Saxon, Kevin Reargument or related relief denied |
| Buckley, P.J., Saxe, Ellerin, Nardelli, Williams, JJ. M-4598 Gryphon Domestic VI, LLC v GBR Information Services, Inc. Leave to require appellant to perfect consolidated appeals for a certain term denied, as moot; vacatur of stay granted by order of this Court dated May 12, 2005 (M-1786) denied. |
| Tom, J.P., Saxe, Friedman, Marlow, Catterson, JJ. M-3759 People v Sanchez, Orlando Leave to prosecute appeal as a poor person denied, with leave to renew, as indicated. |
| Mazzarelli, J.P., Marlow, Ellerin, Gonzalez, Catterson, JJ. M-1871 Pedreira v Pedreira Reargument or other relief denied. |
| Mazzarelli, J.P., Friedman, Sweeny, Catterson, JJ. M-2478 In re Bahnken v The New York City Fire Department M-2673 Leave to appeal to the Court of Appeals denied; leave to appeal amici curiae and related relief denied. All concur except Friedman, J., who dissents and would grant the motions. |
| Andrias, J.P., Marlow, Gonzalez, Sweeny, Catterson, JJ. M-3138 Hodson v Wasserman Appeal dismissed. |
| Andrias, J.P., Marlow, Gonzalez, Sweeny, Catterson, JJ. M-3961 Lavendier v Pino & Associates, LLP Dismissal of appeal denied; matter remanded to the Office of Referees, New York County, for a traverse hearing, as indicated. |
| Andrias, J.P., Marlow, Gonzalez, Sweeny, Catterson, JJ. M-2959 Vortex Group, LLC v Hall Dickler, LLP Stay denied; appeal dismissed, as indicated. |
| Andrias, J.P., Marlow, Gonzalez, Sweeny, Catterson, JJ. M-3391 People v Green, Shawn Leave to prosecute appeal as a poor person granted to the extent indicated. |
| Andrias, J.P., Marlow, Gonzalez, Sweeny, Catterson, JJ. M-3666 People v Williams, Turon L., also known as Williams, Turon Enlargement of time to file notice of appeal and other relief denied. |
| Andrias, J.P., Marlow, Gonzalez, Sweeny, Catterson, JJ. M-3703 People v Kane, William Enlargement of time to file notice of appeal denied. |
| Andrias, J.P., Marlow, Gonzalez, Sweeny, Catterson, JJ. M-4585 In the Matter of I., Michenella Seamen's Society for Children and Families Leave to prosecute appeal as a poor person and related relief denied, as indicated. |
| Andrias, J.P., Marlow, Gonzalez, Sweeny, Catterson, JJ. M-4022 Jiminez v Rojas Time to perfect appeal enlarged to the December 2005 Term. |
| Andrias, J.P., Marlow, Gonzalez, Sweeny, Catterson, JJ. M-4519 Gayle v The Port Authority of New York and New Jersey Time to perfect appeal enlarged to the December 2005 Term, as indicated. |
| Andrias, J.P., Marlow, Gonzalez, Sweeny, Catterson, JJ. M-3380 De Sousa v Colleyn Time to perfect appeal enlarged to the December 2005 Term, as indicated. |
| Andrias, J.P., Marlow, Gonzalez, Sweeny, Catterson, JJ. M-4516 Washington Group, LLC v Voter News Service, L.L.C. Time to perfect appeal and cross appeal enlarged to the December 2005 Term. (See M-4517, decided simultaneously herewith.) |
| Andrias, J.P., Marlow, Gonzalez, Sweeny, Catterson, JJ. M-4517 Washington Group, LLC v Voter News Service, L.L.C. Time to perfect appeal and cross appeal enlarged to the December 2005 Term. (See M-4516, decided simultaneously herewith.) |
| Andrias, J.P., Marlow, Gonzalez, Sweeny, Catterson, JJ. M-3835 People v Nesbitt, Darren M-3893 People v Rosario, Carlos M-4006 People v Melendez, Batzayda M-4014 People v Childs, Donald M-4059 In the Matter of V., Kristen Simone Lakeside Family & Children's Services M-4204 Mezzacappa Bros., Inc. v The City of New York Time to perfect appeals enlarged to the January 2006 Term. |
| Andrias, J.P., Marlow, Gonzalez, Sweeny, Catterson, JJ. M-3992 Century Indemnity Company v Corning, Incorporated; Mt. McKinley Insurance Company v Corning, Incorporated Time to perfect appeal from order entered on or about July 9, 2004 (Index No. 600832/03) enlarged to the January 2006 Term, as indicated. |
| Andrias, J.P., Marlow, Gonzalez, Sweeny, Catterson, JJ. M-4492 In the Matter of Hungreder v Kelly Time to perfect proceeding enlarged to the January 2006 Term. |
| Andrias, J.P., Marlow, Gonzalez, Sweeny, Catterson, JJ. M-4686 Estate of Vitale v Eventquest, Inc. Stay granted on condition appeal perfected for the January 2006 Term, as indicated. |
| Andrias, J.P., Marlow, Gonzalez, Sweeny, Catterson, JJ. M-3873 Friedman v Starwood Hotels and Resorts Worldwide Inc. M-4487 Time to perfect appeal enlarged to the January 2006 Term; appeal dismissed unless perfected for said Term, all as indicated. |
| Andrias, J.P., Marlow, Gonzalez, Sweeny, Catterson, JJ. M-3956 Brown v LaFontaine-Rish Medical Associates M-4561 Time to perfect appeal enlarged to the January 2006 Term; appeal dismissed unless perfected for said Term, all as indicated. |
| Andrias, J.P., Marlow, Gonzalez, Sweeny, Catterson, JJ. M-4192 In the Matter of Auringer v Department of Citywide Administrative Services of the City of New York Time to perfect appeal enlarged to the February 2006 Term, as indicated. |
| Andrias, J.P., Marlow, Gonzalez, Sweeny, Catterson, JJ. M-4068 State of New York v Daicel Chemical Industries, Ltd. Time to perfect respective appeals and cross appeals enlarged to the April 2006 Term. |
| Andrias, J.P., Marlow, Gonzalez, Sweeny, Catterson, JJ. M-4141 Solowey v Russo (And a third-party action) Time to perfect appeals enlarged to the April 2006 Term. |
| Andrias, J.P., Marlow, Gonzalez, Sweeny, Catterson, JJ. M-4563 Uddin v New York City Transit Authority Vacatur of automatic stay denied; plaintiff directed to perfect appeal for the January 2006 Term. |
| Andrias, J.P., Marlow, Gonzalez, Sweeny, Catterson, JJ. M-4041 Prism Marina Partners, LLC v 233 East 18th Street Company, L.L.C. Stay and related relief denied. |
| Andrias, J.P., Marlow, Gonzalez, Sweeny, Catterson, JJ. M-3674 Perez v Time Moving & Storage Stay granted. |
| Andrias, J.P., Sullivan, Gonzalez, Sweeny, Catterson, JJ. M-3262 In re Kane v Kerik Leave to appeal to the Court of Appeals denied. |
| Andrias, J.P., Marlow, Gonzalez, Sweeny, Catterson, JJ. M-3834 People v Flemming, Woodrow Leave to file pro se supplemental brief granted for the January 2006 Term, to which Term appeal adjourned, as indicated. |
| Andrias, J.P., Marlow, Gonzalez, Sweeny, Catterson, JJ. M-4197 Cicconi v McGinn, Smith & Co., Inc. Leave to strike and delete portions of respondent's brief and related relief denied. |
| Andrias, J.P., Marlow, Gonzalez, Sweeny, Catterson, JJ. M-4054 People ex rel. Jones, Lawrence v Horn Bail continued on conditions contained in interim order of a Justice of this Court dated August 9, 2005 and on condition appeal perfected for the December 2005 Term. |
| Andrias, J.P., Marlow, Gonzalez, Sweeny, Catterson, JJ. M-4037 People v Thomas, Wesley Enlargement of record on appeal granted, as indicated; time to perfect appeal enlarged to the February 2006 Term. |
| Andrias, J.P., Marlow, Gonzalez, Sweeny, Catterson, JJ. M-4013 People v Grant, Jamal Enlargement of record on appeal granted, as indicated. |
| Nardelli, J. M-2217 People v McAllister, Charles Leave to appeal to this Court from order entered on or about December 28, 2004 denied. |
| Nardelli, J. M-1834 People v McAllister, Charles Leave to appeal to this Court from order entered on or about March 11, 2005 denied. |
| Nardelli, J. M-1986 People v Walker, Jaydee Leave to appeal to this Court denied. |
| Nardelli, J. M-2074 People v Marcelin, Harvey Leave to appeal to this Court denied. |
| Nardelli, J. M-2568 People v Cortijo, Eleutorio Leave to appeal to this Court denied. |
| Nardelli, J. M-2586 People v Xue, Bao Lin Leave to appeal to this Court granted, as indicated. |
| Nardelli, J. M-3983 People v Strong, Michael Leave to appeal to this Court denied. |
| Catterson, J. M-3792 People v Sanchez, Eddie Leave to appeal to this Court and other relief 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-4502Donna Somma, admitted in 1987, at a Term of the Appellate Division, Third 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-4613Milton Schwartz, admitted in 1956, 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. |
| Mazzarelli, J.P., Saxe, Ellerin, Nardelli, Williams, JJ. In the Matter of Attorneys Who Are in Violation of Judiciary Law Section 468-a: M-4658Jane E. Herman, admitted on 6-15-87, 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. |
| Mazzarelli, J.P., Saxe, Ellerin, Nardelli, Williams, JJ. In the Matter of Attorneys Who Are in Violation of Judiciary Law Section 468-a: M-4615Ronald Raab, admitted in 1970, at a Term of the Appellate Division, Second Department Petitioner reinstated as an attorney and counselor-at-law in the State of New York, nunc pro tunc to June 7, 1999. No opinion. All concur. |
| The following orders were entered and filed on September 8, 2005: |
| Andrias, J.P., Marlow, Gonzalez, Sweeny, Catterson, JJ. M-4024 Clemons v Glicksman Stay granted on condition appeal perfected for the December 2005 Term, as indicated. |
| Friedman, J.P., Marlow, Gonzalez, Catterson, JJ. M-2803 In the Matter of Johnson v Carro M-3089 M-3853 Respondents directed to serve and file their respective answers to petition and memoranda of law on or before September 28, 2005; petitioner shall file reply papers and memorandum on or before October 6, 2005, if so advised. |