| THE FOLLOWING MOTION ORDERS WERE ENTERED AND FILED ON DECEMBER 22, 2005 |
| Buckley, P.J., Tom, Mazzarelli, Andrias, Saxe, JJ. M-6762X AIG Highstar Capital, L.P. v Stagecoach Holding, LLC M-6763X Postnieks v Berner (And other actions) M-6765X EM Design Group v Executive Adjustment Bureau, Inc. M-6850X Bell v Bright Bay Lincoln Mercury Inc. M-6782 People v Kirkland, Wade M-6852 People v Washington, Alfonso Appeals withdrawn. |
| Buckley, P.J., Tom, Mazzarelli, Andrias, Saxe, JJ. M-6805X The Residential Board of Managers of the 99 Jane Street Condominium v Rockrose Development Corp. (And another action) Appeal and cross appeals withdrawn. |
| Buckley, P.J., Tom, Mazzarelli, Andrias, Saxe, JJ. M-6879 Amrik Hendiazad, doing business as Amrik Galleries v ACP Amsterdam Development, LLC Appeal, previously perfected for the January 2006 Term, withdrawn. |
| Buckley, P.J., Mazzarelli, Saxe, Friedman, Catterson, JJ. M-4707 In re Palacio v Morgenthau Leave to compel District Attorney to submit the revised parole recommendation dismissed as moot. |
| Buckley, P.J., Andrias, Catterson, McGuire, Malone, JJ. M-6449 Certain Underwriters at Lloyd's, London v U.S. Adjustment Corp. Dismissal of appeal denied, without prejudice to addressing the issues on appeal. |
| Buckley, P.J., Friedman, Marlow, Sullivan, Malone, JJ. M-6154 Gutierrez v Bernard, also known as Guzman Preliminary appellate injunction granted on condition appeal perfected for the April 2006 Term, as indicated. |
| Buckley, P.J., Tom, Mazzarelli, Saxe, Friedman, JJ. M-6379 People v Smith-Merced, Robert Leave to prosecute appeal as a poor person granted, as indicated. |
| Buckley, P.J., Mazzarelli, Andrias, Saxe, Sullivan, JJ. M-6697 People v Foster, Samuel Leave to prosecute appeal as a poor person granted, as indicated. |
| Buckley, P.J., Tom, Mazzarelli, Andrias, Saxe, JJ. M-6818 People v Scarborough, Jeffrey Upon the Court's own motion counsel assigned. Appeal adjourned to the March 2006 Term. (See M-6819, decided simultaneously herewith.) |
| Buckley, P.J., Tom, Mazzarelli, Andrias, Saxe, JJ. M-6819 People v Scarborough, Lavon Upon the Court's own motion counsel assigned. Appeal adjourned to the March 2006 Term. (See M-6818, decided simultaneously herewith.) |
| Buckley, P.J., Saxe, Marlow, Ellerin, Williams, JJ. M-5156 People v Alvarado, Luis Leave to prosecute appeal as a poor person denied, with leave to renew, as indicated. |
| Buckley, P.J., Mazzarelli, Friedman, Marlow, Ellerin, JJ. M-4978 Duane Reade v Cardinal Health, Inc. Reargument denied; leave to appeal to the Court of Appeals granted, as indicated. |
| Buckley, P.J., Saxe, Nardelli, Williams, JJ. M-3672 Solow Management Corp. v Tanger Reargument or other relief denied. |
| Tom, J.P., Marlow, Gonzalez, Sweeny, JJ. M-6416 American Property Consultants v Cedar Income Fund Partnership L.P. Appeals consolidated; time to perfect same enlarged to on or before February 21, 2006 for the May 2006 Term, as indicated. |
| Tom, J.P., Marlow, Williams, Gonzalez, Malone, JJ. M-6348 In the Matter of R., Yolanda v G., Eugene I. Moving papers deemed a timely filed notice of appeal upon the Corporation Counsel. |
| Tom, J.P., Friedman, Nardelli, Sweeny, Malone, JJ. M-5979 Addorisio v Oelbaum M-5995 Leave to strike plaintiff's notice of appeal denied, without prejudice to raising this argument in respondent's brief; appeals from orders entered on or about January 6, 2005 and September 2, 2005 consolidated; time for respective parties to perfect same enlarged to the April 2006 Term, as indicated. |
| Tom, J.P., Marlow, Williams, Gonzalez, Malone, JJ. M-6522 United States Fire Insurance Company, as subrogee of Goldman, Sachs & Co. v The Aetna Casualty and Surety Company Time to perfect appeal enlarged to the May 2006 Term. |
| Tom, J.P., Marlow, Williams, Gonzalez, Malone, JJ. M-6573 People v Santana, Victor Time to perfect appeal enlarged to the April 2006 Term. |
| Tom, J.P., Marlow, Williams, Gonzalez, Malone, JJ. M-6427 People v Armstrong, Ed, also known as Armstrong, Edward Enlargement of time to file a pro se supplemental brief granted to on or before January 30, 2006 for the April 2006 Term, to which Term appeal adjourned, as indicated. |
| Tom, J.P., Andrias, Gonzalez, Sweeny, JJ. M-6603 People v Velazquez, Roberto, also known as Velasquez, Roberto Extension of time to file a pro se supplemental brief granted to on or before January 30, 2006 for the April 2006 Term, to which Term appeal adjourned, as indicated. |
| Tom, J.P., Andrias, Gonzalez, Sweeny, JJ. M-6656 Ambase Corporation v David Polk & Wardwell Record on appeal enlargement to include reply affidavit, as indicated. |
| Tom, J.P., Marlow, Williams, Gonzalez, Malone, JJ. M-6330 People v Rodriguez, Atahualpa Leave to prosecute appeal as a poor person granted, as indicated. |
| Tom, J.P., Mazzarelli, Sullivan, Ellerin, JJ. M-4577 People v Gillespie, Anthony Reargument denied. |
| Tom, J.P., Friedman, Nardelli, Sweeny, Malone, JJ. M-6030 157 East 57th Street LLC v Birrenbach Leave to appeal to the Appellate Term denied. |
| Tom, J.P., Sullivan, Nardelli, Williams, JJ. M-6050 People v Franza, Dominic Vacatur of this Court's order denied. |
| Mazzarelli, J.P., Saxe, Ellerin, Gonzalez, Catterson, JJ. M-5323 In the Matter of P., Nadaniel Jackie, Jr., M-5928 also known as P., Nadaniel - The New York Foundling Hospital Dismissal of appeal denied; leave to prosecute appeal as a poor person granted, as indicated. |
| Mazzarelli, J.P., Saxe, Friedman, Sullivan, Williams, JJ. M-6376 Kaye v Kaye Time to perfect appeal enlarged to the April 2006 Term; motion otherwise denied. |
| Mazzarelli, J.P., Saxe, Friedman, Sullivan, Williams, JJ. M-6516 TAG 380, LLC v Ronson Stay of referee hearing granted on condition appeal perfected for the May 2006 Term, as indicated. |
| Mazzarelli, J.P., Saxe, Friedman, Sullivan, Williams, JJ. M-5826 Zaccaro v Freidenbergs Appeals from orders entered on or about October 28, 2004 and January 5, 2005 dismissed as subsumed in appeal from judgment entered on or about February 2, 2005; appellant's time in which to perfect said appeal enlarged to the May 2006 Term. |
| Mazzarelli, J.P., Marlow, Ellerin, Gonzalez, Catterson, JJ. M-5362 In re Buffalo Civic Auto Ramps, Inc. v Serio Reargument or other relief denied. |
| Andrias, J.P., Sullivan, Williams, Gonzalez, Catterson, JJ. M-6250 People v S., Preston Moving papers deemed a timely filed notice of appeal; leave to prosecute appeal as a poor person granted, as indicated. |
| Andrias, J.P., Marlow, Gonzalez, Sweeny, Catterson, JJ. M-6270 People v Mauro, Tony Leave to prosecute appeal as a poor person granted, as indicated. |
| Andrias, J.P., Sullivan, Williams, Gonzalez, Catterson, JJ. M-6269 People v Spann, Gerard Notice of appeal deemed timely filed; leave to prosecute appeal as a poor person denied, with leave to renew, as indicated. |
| Andrias, J.P., Sullivan, Williams, Gonzalez, Catterson, JJ. M-6278 People v Purdie, Eshawn Leave to prosecute appeal as a poor person denied, with leave to renew, as indicated. |
| Andrias, J.P., Sullivan, Williams, Gonzalez, Catterson, JJ. M-6280 People v Reyes, Anthony Leave to prosecute appeal as a poor person denied, with leave to renew, as indicated. |
| Andrias, J.P., Sullivan, Williams, Gonzalez, Catterson, JJ. M-6282 People v Robles, Jose Leave to prosecute appeal as a poor person denied, with leave to renew, as indicated. |
| Andrias, J.P., Marlow, Sullivan, Ellerin, Nardelli, JJ. M-5103 Sun Mei Inc. v Chen Reargument or other relief denied. |
| Andrias, J.P., Friedman, Marlow, Nardelli, Williams, JJ. M-4842 People v Balensuela, Aniscasio, also known as Batisto, Carlos Enlargement of time to file a notice of appeal denied as unnecessary, the aforesaid relief having been granted by prior order of this Court entered on May 24, 2005 (M-1880); so much of said order granting assignment of counsel, vacated. |
| Saxe, J.P., Marlow, Ellerin, Gonzalez, McGuire, JJ. M-6743 Combier v Anderson Reconsideration and other relief denied. |
| Saxe, J.P., Friedman, Sullivan, Williams, JJ. M-5851 People v Rosario, Pedro Writ of error coram nobis denied. |
| Saxe, J.P., Marlow, Williams, Catterson, Malone, JJ. M-6300 Gryphon Domestic VI, LLC v GBR Information Services, Inc. Petitioners-respondents directed to file a supplemental record on appeal, as indicated; appeal adjourned to the March 2006 Term. |
| Friedman, J.P., Marlow, Gonzalez, Catterson, JJ. M-5964 Chow v Anew XCVIII, Inc. Reargument or other relief denied. |
| Friedman, J.P., Ellerin, McGuire, Malone, JJ. M-2935 People v Cherry, Eric K. Writ of error coram nobis denied. |
| Sullivan, J.P., Nardelli, Catterson, McGuire, Malone, JJ. M-6802 Yoon v Costello Stay denied. |
| Sullivan, J.P., Nardelli, Catterson, McGuire, Malone, JJ. M-6700 People v Walker, Weldon Leave to file a pro se supplemental brief granted to on or before February 21, 2006 for the May 2006 Term, to which Term appeal adjourned, as indicated. |
| Ellerin, J.P., Nardelli, Williams, Gonzalez, Sweeny, JJ. M-5388 Kashelkar v Dave (And another action) Vacatur of orders of this Court entered on May 3, 2005 (M-927) and July 28, 2005 (M-2953) granted to the extent of deeming the original record(s) filed; appellant directed to perfect his consolidated appeals to on or before March 20, 2006 for the June 2006 Term. |
| Friedman, J. M-5865 People v McLamb, Jefferson Leave to appeal to this Court denied. |
| Friedman, J.P., Ellerin, Williams, Gonzalez, Catterson, JJ. M-6560 In the Matter of Gaetanella Molinini-Rivera, a suspended attorney: Extension of time denied, as indicated. No opinion. All concur. |
| The Following Orders Were Entered And Filed On December 15, 2005: |
| Tom, J.P., Andrias, Gonzalez, Sweeny, JJ. M-6633 Creditanstalt Investment Bank AG v Chadbourne & Parke LLP Stay granted on condition appeal perfected for the April 2006 Term, as indicated. |
| Tom, J.P., Andrias, Gonzalez, Sweeny, JJ. M-6693 Leder v Spiegel Clerk directed to calendar appeal for hearing in the last week of the January 2006 Term, as indicated. |
| Mazzarelli, J.P., Friedman, Williams, Gonzalez, Sweeny, JJ. M-6824 Nasser v Nasser Stay denied; interim relief granted by order of a Justice of this Court, dated December 7, 2005, vacated. |
| Andrias, J.P., Saxe, Nardelli, Catterson, JJ. M-2537 Flagship International Corp v The Dennelisse Corp. Stay of proceedings including trial granted. |