| THE FOLLOWING MOTION ORDERS WERE ENTERED AND FILED ON SEPTEMBER 22, 2005 |
| Buckley, P.J., Tom, Mazzarelli, Andrias, Saxe, JJ. M-4764 Hitachi Credit America Corp., now known as Hitachi Capital America Corp. v Verizon Communications Incorporated Appeals, previously perfected for the September 2005 Term, withdrawn. |
| Buckley, P.J., Tom, Mazzarelli, Andrias, Saxe, JJ. M-4921 The Commissioners of the State Insurance Fund v Pal Pal Corp. Appeal, previously perfected for the October 2005 Term, withdrawn. |
| Buckley, P.J., Tom, Mazzarelli, Andrias, Saxe, JJ. M-4841X Perez v New York City Transit Authority Appeal and cross appeal withdrawn. |
| Buckley, P.J., Tom, Mazzarelli, Andrias, Saxe, JJ. M-4904X McGrattan v Ryder Truck Rental, Inc. (And a third-party action) Appeal withdrawn. |
| Buckley, P.J., Tom, Mazzarelli, Andrias, Saxe, JJ. M-4838X Shengelia v New York City Transit Authority Appeal withdrawn. |
| Buckley, P.J., Tom, Mazzarelli, Saxe, Friedman, JJ. M-3020 In the Matter of J., Darnell Leave to prosecute appeal as a poor person granted, as indicated. |
| Buckley, P.J., Tom, Saxe, Friedman, Marlow, JJ. M-4596 Ostrin v Saint Moris Corp. Reargument or other relief denied. |
| Buckley, P.J., Tom, Mazzarelli, Ellerin, Gonzalez, JJ. M-3726 Estate of Mooney - McGarr v The Guardian Life Insurance Company of America Reargument denied. |
| Buckley, P.J., Tom, Mazzarelli, Saxe, Friedman, JJ. M-2823 518 East 80th Street Co. LLC v Smith Leave to appeal from the Appellate Term denied. |
| Buckley, P.J., Andrias, Friedman, Sullivan, JJ. M-239 People v Serrano, Juan Writ of error coram nobis denied. |
| Tom, J.P., Sullivan, Ellerin, Nardelli, Williams, JJ. M-2621 Roberts v New York City Campaign Finance Board Appeal dismissed. |
| Tom, J.P., Sullivan, Ellerin, Nardelli, Williams, JJ. M-2679 Steinberg v British Airways, Inc. Leave to appeal from the Appellate Term denied. |
| Tom, J.P., Mazzarelli, Marlow, Nardelli, Sweeny, JJ. M-2434 Hudson River Park Trust v Basketball City USA, LLC Leave to appeal to the Court of Appeals denied. |
| Mazzarelli, J.P., Saxe, Marlow, Gonzalez, Sweeny, JJ. M-2455 Spyropoulos v Hirsh Reargument granted, and upon reargument the decision and order of this Court entered on April 5, 2005 (Appeal No. 5801) recalled and vacated and a new decision and order substituted therefor. (See Appeal No 5801, decided simultaneously herewith). Leave to appeal to the Court of Appeals denied. |
| Mazzarelli, J.P., Andrias, Friedman, Marlow, Sweeny, JJ. M-3740 In re Melendez v Wing Leave to appeal to the Court of Appeals denied. |
| Mazzarelli, J.P., Andrias, Saxe, Williams, Catterson, JJ. M-2741 Serio v National Union Fire Insurance Company of Pittsburgh, PA Leave to appeal to the Court of Appeals denied. |
| Andrias, J.P., Marlow, Gonzalez, Sweeny, Catterson, JJ. M-3366 Joseph v Laterra Appeal dismissed. |
| Andrias, J.P., Marlow, Gonzalez, Sweeny, Catterson, JJ. M-3745 M-4017 Russell v Olan Appeal dismissed. |
| Andrias, J.P., Marlow, Gonzalez, Sweeny, Catterson, JJ. M-3821 Castillo v Martinez Appeal dismissed. |
| Andrias, J.P., Marlow, Sullivan, Ellerin, Nardelli, JJ. M-3756 People v Rose, Drew Leave to prosecute appeal as a poor person granted, as indicated. |
| Andrias, J.P., Marlow, Gonzalez, Sweeny, Catterson, JJ. M-4599 People v Wells, Neville Leave to prosecute appeal as a poor person granted, as indicated. |
| Andrias, J.P., Marlow, Gonzalez, Sweeny, Catterson, JJ. M-3968 People v Johnson, Lawrence Counsel substituted. |
| Andrias, J.P., Marlow, Gonzalez, Sweeny, Catterson, JJ. M-4065 People v Cambridge, Bertram Counsel substituted. |
| Andrias, J.P., Marlow, Gonzalez, Sweeny, Catterson, JJ. M-3820 People v Cartegena, Daniel Counsel substituted. |
| Andrias, J.P., Marlow, Gonzalez, Sweeny, Catterson, JJ. M-3074 In the Matter of C., Jasmin v G., Andre Counsel substituted, as indicated. |
| Andrias, J.P., Marlow, Gonzalez, Sweeny, Catterson, JJ. M-3528 In the Matter of N., Stefanie Judith, also known as N., Stephanie Judith - St. Dominic's Home Leave to prosecute appeal as a poor person granted, as indicated. |
| Andrias, J.P., Marlow, Gonzalez, Sweeny, Catterson, JJ. M-3976 In the Matter of C., Tyshawn Jaraind - Sheltering Arms Children's Services Leave to prosecute appeal as a poor person granted, as indicated. |
| Andrias, J.P., Marlow, Gonzalez, Sweeny, Catterson, JJ. M-3752 People v Anonymous Leave to prosecute appeal as a poor person granted, as indicated. |
| Andrias, J.P., Marlow, Gonzalez, Sweeny, Catterson, JJ. M-4497 In the Matter of A., Joshua Wilson, also known as A., Joshua - The New York Foundling Hospital Assigned counsel relieved; poor person relief previously granted by an order of this Court entered on April 21, 2005 (M-1029) continued; all as indicated. |
| Andrias, J.P., Marlow, Gonzalez, Sweeny, Catterson, JJ. M-3978 Estate of De Cintio - De Cintio v Lawrence Hospital Appeal adjourned to the December 2005 Term; motion otherwise denied, as indicated. |
| Andrias, J.P., Marlow, Gonzalez, Sweeny, Catterson, JJ. M-4698 Warburg, Pincus & Company v QoS Networks Limited Clerk directed to calendar appeals for hearing together in the October 2005 Term. |
| Andrias, J.P., Marlow, Gonzalez, Sweeny, Catterson, JJ. M-4567 Telco Associates, LLC v White Acre Capital, LLC Stay of trial granted on condition appeal perfected for the December 2005 Term, as indicated. (See M-4568, decided simultaneously herewith.) Clerk directed to calendar appeals for hearing together in said December 2005 Term. |
| Andrias, J.P., Marlow, Gonzalez, Sweeny, Catterson, JJ. M-4568 Corem Capital Partners, LLC v Tunnel Associates, LLC Stay of trial granted on condition appeal perfected for the December 2005 Term, as indicated. (See M-4567, decided simultaneously herewith.) Clerk directed to calendar appeals for hearing together in said December 2005 Term. |
| Andrias, J.P., Marlow, Gonzalez, Sweeny, Catterson, JJ. M-4573 People v Calaff, Ivan, also known as Calaff, Ivan Sr., also known as Suarez, Renaldo Leave to file pro se supplemental brief granted for the January 2006 Term, to which Term appeal adjourned. |
| Saxe, J.P., Marlow, Sullivan, Nardelli, Catterson, JJ. M-1912 Hispanic Aids Forum v Estate of Bruno, Joseph Reargument or other relief denied. |
| Saxe, J.P., Marlow, Williams, Sweeny, Catterson, JJ. M-4679 34 Funding Associates, Inc. v Pollak (And another action) Perfected appeal from Action No. 1 adjourned to the January 2006 Term; appellant in Action No. 2 directed to perfect appeal for said Term; Clerk directed to calendar appeals for hearing together in said January 2006 Term. |
| Friedman, J.P., Marlow, Gonzalez, Catterson, JJ. M-4759 In the Matter of Fauntleroy v Kelly Time to perfect appeal enlarged to the January 2006 Term. |
| Friedman, J.P., Sullivan, Nardelli, Gonzalez, Sweeny, JJ. M-4920 Kashmer v The City of New York Stay granted. |
| Friedman, J.P., Marlow, Gonzalez, Catterson, JJ. M-4594 Pospihalj v The Food Emporium, Inc. Time to perfect appeal and cross appeal enlarged to the February 2006 Term, as indicated. |
| Friedman, J.P., Marlow, Gonzalez, Catterson, JJ. M-4626 Waller v Site Safety LLC (And third-party actions) Time to perfect appeal enlarged to the January 2006 Term. |
| Friedman, J.P., Nardelli, Williams, Gonzalez, Sweeny, JJ. M-3407 Mordas v Schenkein Reargument or other relief denied. |
| Friedman, J.P., Marlow, Gonzalez, Catterson, JJ. M-3066 People v Dotson, Steven Time to perfect appeal enlarged to the January 2006 Term. |
| Friedman, J.P., Marlow, Gonzalez, Catterson, JJ. M-4624 In the Matter of Wildmetro, Inc. v New York City Department of Parks and Recreation Time to perfect appeal enlarged to February 2006 Term. |
| Sullivan, J.P., Ellerin, Nardelli, Sweeny, JJ. M-4713 Lynch v Eisig Appeal dismissed. |
| Ellerin, J.P., Nardelli, Williams, Gonzalez, Sweeny, JJ. M-2580 Finova Capital Corporation v Berger (And a third-party action) Reargument or other relief denied. |
| Saxe, J. M-4062 People v Johnson, Henry Eric Leave to appeal to this Court denied. |
| Nardelli, J. M-3868 People v Jones, Anthony Leave to appeal to this Court denied. |
| Gonzalez, J. M-1375 People v Alexander, Victor Leave to appeal to this Court denied. |
| Sweeny, J. M-3979 People v Espiritu, Domingo Leave to appeal to this Court denied. |
| Catterson, J. M-4705 In the Matter of Bentley v State of New York Department of Public Service Leave to appeal to this Court granted. |
| Tom, J.P., Friedman, Ellerin, Sweeny, Catterson, JJ. M-4675 In the Matter of Howard Gotbetter, a suspended attorney: Petitioner 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-4674Leah Margulies, admitted on 5-5-86, 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. |
| Tom, J.P., Friedman, Marlow, Williams, Sweeny, JJ. M-2691 In the Matter of Larry Johnson 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. |
| Tom, J.P., Friedman, Marlow, Sullivan, Williams, JJ. M-1423 In the Matter of Harvey Rivera, M-2094 a disbarred attorney: Reinstatement of petitioner as an attorney and counselor-at-law in the State of New York granted upon fulfilment of conditions, as indicated, and upon further order of this Court. No opinion. All concur. |
| The following orders were entered and filed on September 20, 2005: |
| Andrias, J.P., Marlow, Sullivan, Gonzalez, Sweeny, JJ. M-1487 In the Matter of The New York City Housing Authority v Country-Wide Insurance Company Appeal dismissed, as indicated. |
| Andrias, J.P., Marlow, Gonzalez, Sweeny, Catterson, JJ. M-4144 Steinberg v Quarto Publishing PLC Stay denied. |
| Saxe, J.P., Marlow, Williams, Sweeny, Catterson, JJ. M-4751 Cahill v The Triborough Bridge and Tunnel Authority Stay of retrial granted on condition appeal perfected for the January 2006 Term, as indicated. |