| The following orders were entered and filed on September 15, 2005: |
| Buckley, P.J., Mazzarelli, Andrias, Saxe, Williams, JJ. M-4617 In the Matter of Lacher v New York State Division of Housing and Community Renewal (And Another Action) Stay granted on condition petitioner continue to pay use and occupancy and appeal perfected for the December 2005 Term, all as indicated. |
| Andrias, J.P., Marlow, Gonzalez, Sweeny, Catterson, JJ. M-4055 Theatre Row Phase II Associates v H & I, Inc. Time to perfect appeal enlarged to the December 2005 Term. |
| Andrias, J.P., Marlow, Gonzalez, Sweeny, Catterson, JJ. M-4587 Brown v West Care Medical Associates, P.C. M-4696 Time to perfect appeal enlarged to on or before October 3, 2005 for the December 2005 Term; appeal dismissed unless perfected for said Term, as indicated. |
| Friedman, J.P., Marlow, Gonzalez, Catterson, JJ. M-4743 Jennings v The Council of the City of New York Vacatur of stay denied. |
| Friedman, J.P., Marlow, Gonzalez, Catterson, JJ. M-4771 Atlantic Mutual Insurance Company v Joyce International, Inc. Stay of discovery and trial granted; appellants directed to perfect appeal for the December 2005 Term. |
| THE FOLLOWING MOTION ORDERS WERE ENTERED AND FILED ON SEPTEMBER 20, 2005 |
| Buckley, P.J., Tom, Mazzarelli, Andrias, Saxe, JJ. M-4755X United States Fire Insurance Company as subrogee of National Birchwood Corp. v Jericho CVS, Inc. Appeal withdrawn. |
| Buckley, P.J., Tom, Mazzarelli, Andrias, Saxe, JJ. M-4756X Cortes v City of New York Appeal withdrawn. |
| Buckley, P.J., Tom, Mazzarelli, Andrias, Saxe, JJ. M-4735 People v Baez, Thomas Appeal withdrawn. |
| Buckley, P.J., Tom, Mazzarelli, Saxe, Friedman, JJ. M-2732 In the Matter of P., Angel, also known as P., Angel Shanel; P., Jamel, also known as P., Jamel Otis - - Family Support Systems Unlimited, Inc. Leave to prosecute appeals as a poor person granted, as indicated. |
| Buckley, P.J., Tom, Mazzarelli, Saxe, Friedman, JJ. M-4549 West 111th Street Rehab Associates v Poole The order of this Court entered on August 4, 2005 (M-2851) modified to direct appellant to post undertaking in the stated amount and to perfect appeal for the February 2006 Term, all as indicated; motion otherwise denied. |
| Buckley, P.J., Tom, Saxe, Friedman, Williams, JJ. M-2544 People v Marrero, Jose, also known as Morrero, Jose Writ of error coram nobis denied. |
| Buckley, P.J., Andrias, Saxe, Nardelli, JJ. M-2890 People v Hilton, Michael Leave to file supplemental brief granted to the extent indicated. |
| Tom, J.P., Andrias, Williams, Gonzalez, Catterson, JJ. M-2423 Baumann v The Metropolitan Life Insurance Company M-2452 (And Other Actions) Reargument or other relief denied. |
| Mazzarelli, J.P., Marlow, Sullivan, Ellerin, Catterson, JJ. M-971 In the Matter of Eggleson v Dehope, also known as Freedman, also known as Friedman Appellant directed to serve copy of brief upon all parties, as indicated. |
| Andrias, J.P., Friedman, Marlow, Williams, JJ. M-3181 Meiselman v Meyers Moving & Storage Co. Renewal denied. |
| Andrias, J.P., Marlow, Gonzalez, Sweeny, Catterson, JJ. M-4064 People v Marcus, Henry Leave to prosecute appeal as a poor person 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. |
| Andrias, J.P., Marlow, Gonzalez, Sweeny, Catterson, JJ. M-4143 People v Morgan, Veronica Appeal deemed withdrawn. |
| Andrias, J.P., Marlow, Gonzalez, Sweeny, Catterson, JJ. M-3663 In the Matter of B., Makaila Pearl, also known as B., Makala - - Family Support Systems Unlimited, Inc. Appeal dismissed. |
| Andrias, J.P., Marlow, Gonzalez, Sweeny, Catterson, JJ. M-3664 In the Matter of J., Keisha; J., Krystal - - Edwin Gould Services for Children and Families Appeal dismissed. |
| Andrias, J.P., Marlow, Gonzalez, Sweeny, Catterson, JJ. M-3840 Arias v Toribio Appeal dismissed. |
| Andrias, J.P., Marlow, Gonzalez, Sweeny, Catterson, JJ. M-3394A Gondal v New York Stock Exchange Leave to prosecute appeals as poor persons denied; time to perfect said appeals enlarged to on or before December 5, 2005 for the February 2006 Term, as indicated. The order of this Court entered on August 25, 2005 (M-3394) recalled and vacated. |
| Andrias, J.P., Marlow, Gonzalez, Sweeny, Catterson, JJ. M-4650 Climes v DHPD Office of Housing Operation Leave to prosecute appeal as a poor person denied, without prejudice to further proceedings in Supreme Court. |
| Andrias, J.P., Marlow, Gonzalez, Sweeny, Catterson, JJ. M-3669 People v Parks, John Notice of appeal deemed timely filed; leave to prosecute appeal as a poor person granted, as indicated. |
| Andrias, J.P., Marlow, Gonzalez, Sweeny, Catterson, JJ. M-4491 People v Mendez, Jose Leave to prosecute appeal as a poor person 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. |
| Andrias, J.P., Marlow, Gonzalez, Sweeny, Catterson, JJ. M-4505 People v Campbell, Tasha, also known as Camble, Tasha, also known as Wallace, Raquel, also known as Keys, Bernice Leave to prosecute appeal as a poor person granted, as indicated. |
| Andrias, J.P., Marlow, Gonzalez, Sweeny, Catterson, JJ. M-4139 People v Martin, Lamink, also known as Martin, Tommy Ragin Lamink Assigned counsel relieved; substitution of retained counsel denied, as unnecessary; poor person relief previously granted continued. |
| Andrias, J.P., Marlow, Gonzalez, Sweeny, Catterson, JJ. M-3969 People v Barnville, Melik Leave to respond to appeal as a poor person granted, as indicated. |
| Andrias, J.P., Marlow, Gonzalez, Sweeny, Catterson, JJ. M-3843 In the Matter of B., Ericka Stacey, also known as B., Erica, also known as B., Erika; B., Ivy Dorcas, also known as B., Ivey, also known as B., Ivy - - St. Dominic's Home Time to perfect appeals enlarged to the January 2006 Term. Clerk directed to calendar appeals for hearing together in said Term. |
| Saxe, J.P., Ellerin, Sweeny, Catterson, JJ. M-3271 Ginsberg v Rudey (And Another action) Motion deemed withdrawn. |
| Andrias, J.P., Marlow, Gonzalez, Sweeny, Catterson, JJ. M-3772 Mehlman v 592-600 Union Avenue Corp. Time to perfect appeal and cross appeal enlarged to the December 2005 Term, as indicated. |
| Andrias, J.P., Marlow, Gonzalez, Sweeny, Catterson, JJ. M-4521 In the Matter of Arenella v Kelly Time to perfect appeal enlarged to the December 2005 Term. |
| Andrias, J.P., Marlow, Gonzalez, Sweeny, Catterson, JJ. M-4199 Phillips v Rodriguez Time to perfect appeal enlarged to the January 2006 Term. |
| Andrias, J.P., Marlow, Gonzalez, Sweeny, Catterson, JJ. M-4196 Benitez v Mutual of America Life Insurance Company Time to perfect appeal enlarged to the January 2006 Term. |
| Andrias, J.P., Marlow, Gonzalez, Sweeny, Catterson, JJ. M-3707 In the Matter of Brandt, doing business as Kreative Kabinetry v Dykstra Time to perfect appeal enlarged to the February 2006 Term. |
| Andrias, J.P., Marlow, Gonzalez, Sweeny, Catterson, JJ. M-3413 People ex rel. Parris, Robert v Warden Writ of habeas corpus issued; matter transferred to Supreme Court, Bronx County, as indicated; motion otherwise denied. |
| Andrias, J.P., Marlow, Gonzalez, Sweeny, Catterson, JJ. M-4496 Corrado 2000, Inc. v Metropolitan Transportation Authority Preliminary appellate injunction granted to the extent indicated. Clerk directed to calendar appeal for hearing in the third week of the November 2005 Term. |
| Friedman, J.P., Marlow, Gonzalez, Catterson, JJ. M-4493 Fernandez v Hico Corporation (And a Third-Party Action) Appeal adjourned to the November 2005 Term. |
| Friedman, J.P., Marlow, Gonzalez, Catterson, JJ. M-4670 Sasaki v New York University Medical Center Preliminary appellate injunction denied. |
| Ellerin, J.P., Nardelli, Williams, Gonzalez, Sweeny, JJ. M-3844A Kashelkar v State of New York Appeal deemed perfected for the December 2005 Term. Order of this Court entered on September 1, 2005 (M-3844) recalled and vacated. Buckley, P.J. M-3998 People v Watson, Keston Leave to appeal to this Court denied. |
| Nardelli, J. M-2347 People v Moscoso, Victor Leave to appeal to this Court denied. |
| Williams, J. M-4023 People v Grant, Douglas Leave to appeal to this Court denied. |
| Sweeny, J. M-3923 People v Brown, Timothy Leave to appeal to this Court denied. |
| Sweeny, J. M-4063 People v Berry, Joseph 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-4203Jeffrey Charles Kitzis, admitted on 7-26-82, 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-4618Daniel Evencio Sanchez, admitted on 7-22-91, 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-4619Jerold Fagelbaum, admitted on May 1, 1973 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-4747Debra Ellen Brodlie, admitted on 4-16-86, 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. |
| Andrias, J.P., Saxe, Friedman, Sullivan, Ellerin, JJ. M-2746 In the Matter of the Application of Stephen Harvey Seigel (admitted as Stephen Harvey Bezozo), a disbarred attorney: Petitioner 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-2239 In the Matter of Michael A. Szegda, an attorney and counselor-at-law: Respondent suspended from the practice of law in the State of New York, effective the date hereof, until such time as disciplinary matters pending before the Committee have been concluded and until further order of this Court. Opinion Per Curiam. All concur. |
| Marlow, J.P., Ellerin, Nardelli, Williams, Sweeny, JJ. M-975 In the Matter of Claude Henry Kleefield an attorney and counselor-at-law: Respondent suspended from the practice of law in the State of New York, for a period of three months, effective October 20, 2005 and until further order of this Court. Opinion Per Curiam. All concur. |