| THE FOLLOWING MOTION ORDERS WERE ENTERED AND FILED ON JULY 28, 2005 |
| Buckley, P.J., Tom, Mazzarelli, Andrias, Saxe, JJ. M-2965X Jewels Italia N.Y. Inc. v Stitsky Appeal withdrawn. |
| Buckley, P.J., Tom, Mazzarelli, Saxe, Friedman, JJ. M-2747 Rodriguez v Metropolitan Transportation Authority Appeal deemed withdrawn. |
| Buckley, P.J., Tom, Mazzarelli, Andrias, Saxe, JJ. M-3193 Romanoff Equities, Inc., as Successor In Interest to Gansevoort Holding Corporation v Royale Veal Corporation Appeal, previously perfected for the September 2005 Term, withdrawn. |
| Buckley, P.J., Tom, Mazzarelli, Saxe, Friedman, JJ. M-2848 Feinstein v Hoexter M-3048 Appeal dismissed unless perfected for the November 2005 Term, as indicated; cross motion granted on condition appeal perfected for said Term, and otherwise denied. |
| Buckley, P.J., Tom, Mazzarelli, Saxe, Friedman, JJ. M-2938 Imclone Systems, Incorporated v Waksal Dismissal of appeal denied. |
| Buckley, P.J., Tom, Mazzarelli, Saxe, Friedman, JJ. M-2777 Fudali v New York City Transit Authority M-3108 Dismissal of appeal denied; leave to file notice of appeal granted, as indicated. |
| Buckley, P.J., Tom, Mazzarelli, Saxe, Friedman, JJ. M-2892 Osario v BRF Construction Corp. M-2951 Stay of trial granted; appeal adjourned to the October 2005 Term. |
| Buckley, P.J., Tom, Mazzarelli, Saxe, Friedman, JJ. M-2731 Braka v Travel Assistance International Stay of discovery and trial granted on condition appeal perfected for the December 2005 Term, as indicated. |
| Buckley, P.J., Tom, Mazzarelli, Saxe, Friedman, JJ. M-2883 Decana Inc. v Contogouris Stay granted on condition appeal perfected for the December 2005 Term, as indicated. |
| Buckley, P.J., Tom, Mazzarelli, Saxe, Friedman, JJ. M-2827 JRK Franklin, LLC v 164 East 87th Street LLC Stay granted on condition plaintiff cures any violation of the Building Code with respect to structures in question, within 30 days of the date of entry of this order, and on further condition appeal perfected for the December 2005 Term. |
| Buckley, P.J., Tom, Mazzarelli, Saxe, Friedman, JJ. M-3086 ICC, International Cargo Charters Canada, LTD. v Aero Transporte De Carga Union, S.A. De C.V. Stay of trial granted on condition appeal perfected for the February 2006 Term, as indicated. |
| Buckley, P.J., Tom, Mazzarelli, Saxe, Friedman, JJ. M-2917 Brewster v Skiba Stay of trial denied. |
| Buckley, P.J., Tom, Mazzarelli, Saxe, Friedman, JJ. M-3113 In the Matter of Orbitex Funds Distributors, Inc. v Global Distribution Strategies, Inc. Stay denied. |
| Buckley, P.J., Tom, Mazzarelli, Saxe, Friedman, JJ. M-3070 EM Design Group v Executive Adjustment Bureau, Inc. Appeals consolidated; stay denied. |
| Buckley, P.J., Tom, Mazzarelli, Saxe, Friedman, JJ. M-2876 People v Mendez, Harry, also known as Mendoza, Harry Leave to file pro se supplemental brief and other relief denied, as indicated. |
| Buckley, P.J., Tom, Mazzarelli, Andrias, Saxe, JJ. M-2894 People v Brown, Laquan M-2895 Brown, Reggie, also known as Smith, Kenneth, also known as Taylor, Kenny M-2896 Burgess, Michael M-2897 Castro, Jos�, also known as Castro, Jos� Enriqu�, Jr. M-2899 Dozier, Marcus M-2900 Frieson, Phillip M-2901 Gale, Wayne M-2902 Holloway, Jerome M-2904 Liggan, Stacy M-2905 Lingle, John M-2906 Marrero, Hector Leave to prosecute appeals as poor persons granted, as indicated. |
| Buckley, P.J., Tom, Mazzarelli, Andrias, Saxe, JJ. M-2908 People v McGill, Carnell, also known as McGill, Carnell, Jr. M-2909 Moret, Felix M-2910 Nazarego, David M-2912 Sanabria, David M-2913 Spencer, Robert M-2914 Williams, Billy M-2915 Williams, Timothy, also known as Williams, Tim M-2916 Wright, Nafis Leave to prosecute appeals as poor persons granted, as indicated. |
| Buckley, P.J., Tom, Mazzarelli, Saxe, Friedman, JJ. M-3019 Royster v The City of New York Leave to prosecute appeal as a poor person granted to the extent indicated. |
| Buckley, P.J., Tom, Mazzarelli, Saxe, Friedman, JJ. M-3068 Norasteh v The State of New York Leave to prosecute appeal as a poor person granted to the extent indicated. |
| Buckley, P.J., Tom, Mazzarelli, Saxe, Friedman, JJ. M-2911 People v Robinson, David Leave to prosecute appeal as a poor person denied, with leave to renew, as indicated. |
| Buckley, P.J., Tom, Mazzarelli, Saxe, Friedman, JJ. M-2836People v Thomas, Bruce Moving papers deemed a timely filed notice of appeal; leave to prosecute appeal as a poor person granted, as indicated. |
| Buckley, P.J., Tom, Mazzarelli, Saxe, Friedman, JJ. M-2783 People v Casado, Oscar Leave to prosecute appeal as a poor person denied, with leave to renew, as indicated. |
| Buckley, P.J., Tom, Mazzarelli, Saxe, Friedman, JJ. M-2788 People v Rodriguez, William Leave to prosecute appeal as a poor person denied, with leave to renew, as indicated. |
| Buckley, P.J., Tom, Mazzarelli, Saxe, Friedman, JJ. M-2847 In the Matter of N., Drew-Clarence T., also known as N., Drew - Edwin Gould Services for Children and Families Leave to prosecute appeal as a poor person denied, with leave to renew, as indicated. |
| Buckley, P.J., Tom, Mazzarelli, Saxe, Friedman, JJ. M-2744 In the Matter of McP., Maria B. v McP., James F. Leave to prosecute appeal as a poor person denied. |
| Buckley, P.J., Tom, Mazzarelli, Andrias, Saxe, JJ. M-2034 (D.C. #80) In the Matter of J., Sandra; J., Israel M-3024 J., Malik; J., Izael John, also known as H., Izael and J., Daquawn - Harlem Dowling-Westside Center for Children and Family Services Time to perfect appeal enlarged to the October 2005 Term, as indicated. |
| Buckley, P.J., Tom, Mazzarelli, Saxe, Friedman, JJ. M-3102 In the Matter of Weinstein v Dennison Preference granted to the extent of directing perfection of the appeal to on or before August 15, 2005 for the October 2005 Term, as indicated. Clerk directed to calendar the appeal for hearing during the first week of the October 2005 Term. |
| Buckley, P.J., Tom, Mazzarelli, Saxe, Friedman, JJ. M-2926 People v Morusma, Jean Time to perfect appeal enlarged to the November 2005 Term. |
| Buckley, P.J., Tom, Mazzarelli, Saxe, Friedman, JJ. M-2778 In the Matter of Balk v 125 West 92nd Street Corporation M-2888 In the Matter of O., Luis M-3082 In the Matter of Pena v City Civil Service Commission M-3375 In the Matter of H., Kevin M-3376 In the Matter of C., Wendy Time to perfect appeals enlarged to the November 2005 Term. |
| Buckley, P.J., Tom, Mazzarelli, Saxe, Friedman, JJ. M-2952 A & S Stelco Construction Corp. v AXA Global Risks M-3251 United States Insurance Company, formerly known as Colonia Insurance Company Time to perfect appeal enlarged to the November 2005 Term; appeal dismissed unless perfected for said Term, all as indicated. |
| Buckley, P.J., Tom, Mazzarelli, Saxe, Friedman, JJ. M-2843 Venturetek, L.P. v Information Holdings Inc. M-2878 People ex rel. Colon, Reynaldo v Warden M-2889 Ross v Wu M-2919 Baukh v Baukh Time to perfect appeals enlarged to the December 2005 Term. |
| Buckley, P.J., Tom, Mazzarelli, Saxe, Friedman, JJ. M-2950 Serrano v 432 Park South Realty Co. LLC. (And other actions) Time to perfect appeal enlarged to the December 2005 Term. |
| Buckley, P.J., Tom, Mazzarelli, Saxe, Friedman, JJ. M-3136 Johnson v Chapin Time to perfect appeal enlarged to the December 2005 Term. |
| Buckley, P.J., Tom, Mazzarelli, Saxe, Friedman, JJ. M-2918 A.J. Clark Real Estate Corp. v Meyers Time to perfect appeal enlarged to the December 2005 Term, as indicated. |
| Buckley, P.J., Tom, Mazzarelli, Saxe, Friedman, JJ. M-2923 In the Matter of H., Kwesi; H., Menelik and H., Judinyah - Commissioner of Social Services Appeals consolidated; time to perfect same enlarged to the December 2005 Term. |
| Buckley, P.J., Tom, Mazzarelli, Saxe, Friedman, JJ. M-2792 Keoseian v Emmerich Time to perfect appeal to on or before October 3, 2005 for the December 2005 Term, as indicated. |
| Buckley, P.J., Tom, Mazzarelli, Saxe, Friedman, JJ. M-2953 Kashelkar v Dave (And another action) Time to perfect appeal enlarged to on or before October 3, 2005 for the December 2005 Term, all as indicated; motion otherwise denied. |
| Buckley, P.J., Tom, Mazzarelli, Saxe, Friedman, JJ. M-2818 Jones v The State of New York Time to perfect appeal enlarged to the January 2006 Term. |
| Buckley, P.J., Tom, Mazzarelli, Saxe, Friedman, JJ. M-2711 People v Martinez, Fabio M-3328 Time to perfect appeal enlarged to the January 2006 Term; dismissal of appeal denied. |
| Buckley, P.J., Tom, Mazzarelli, Saxe, Friedman, JJ. M-2937 Chubb & Son, Inc. v Sharp International Corp. Time to perfect appeal enlarged to the June 2006 Term. |
| Buckley, P.J., Tom, Mazzarelli, Saxe, Friedman, JJ. M-2946 King v King Appeals consolidated; time to perfect same enlarged to on or before October 3, 2005 for the December 2005 Term. |
| Buckley, P.J., Tom, Mazzarelli, Saxe, Friedman, JJ. M-2865 845 UN Limited Partnership v Flour City Architectural Metals, Inc. Time to perfect consolidated appeals enlarged to on or before October 3, 2005 for the December 2005 Term, as indicated. |
| Buckley, P.J., Tom, Mazzarelli, Saxe, Friedman, JJ. M-3011 360 East 72nd Street Owners Incorporated v Rutter Time to perfect appeal and cross appeal enlarged to the December 2005 Term. |
| Buckley, P.J., Tom, Mazzarelli, Saxe, Friedman, JJ. M-2781 In the Matter of Jain v New York City Transit Authority Appeals consolidated; time to perfect same enlarged to on or before October 3, 2005 for the December 2005 Term; leave to prosecute appeal as a poor person denied. |
| Buckley, P.J., Tom, Mazzarelli, Saxe, Friedman, JJ. M-2769 People v Wilkins, Ashanti Enlargement of time to perfect appeal denied, as indicated; poor person relief previously afforded continued. |
| Buckley, P.J., Tom, Mazzarelli, Saxe, Friedman, JJ. M-2798 Adams v Jenkins Enlargement of time to file notice of appeal and other relief denied, with leave to renew, as indicated. |
| Buckley, P.J., Tom, Mazzarelli, Saxe, Friedman, JJ. M-2715 People v Provencal, Raymond Transcription of minutes directed, as indicated. |
| Tom, J.P., Sullivan, Ellerin, Nardelli, Williams, JJ. M-2338 Castelluzzo v A.C. & S., Inc. (And other actions) Motion deemed withdrawn. |
| Tom, J.P., Sullivan, Ellerin, Nardelli, Williams, JJ. M-2460 Scroggs v Halley Appeal dismissed. |
| Tom, J.P., Sullivan, Ellerin, Nardelli, Williams, JJ. M-2540 Rosario v Jones Appeal dismissed. |
| Tom, J.P., Sullivan, Ellerin, Nardelli, Williams, JJ. M-2657 In the Matter of E., "Baby Girl", also known as E., Taina, also known as E., Taina Pilar - Harlem Dowling-Westside Center for Children and Family Services Appeal dismissed. |
| Tom, J.P., Sullivan, Ellerin, Nardelli, Williams, JJ. M-2882A In the Matter of Lahm v Bloomberg (And another action) Petitioner directed to perfect appeal for the November 2005 Term, to which Term respondents' perfected appeal adjourned; motion otherwise denied. Clerk directed to calendar appeals for hearing together. (See M-2882, decided simultaneously herewith.) |
| Williams, J. M-2882 In the Matter of Lahm v Bloomberg Leave to appeal to this Court granted. (See M-2882A, decided simultaneously herewith.) |
| Tom, J.P., Sullivan, Ellerin, Nardelli, Williams, JJ. M-2631 First Wall Street Co., Ltd. v Berkshire Mortgage M-2665 Finance Limited Partnership, also known as The Berkshire Group Report of special referee confirmed; appeal dismissed; cross motion denied. |
| Tom, J.P., Sullivan, Ellerin, Nardelli, Williams, JJ. M-2565 People v Eiseman, Steven Poor person relief previously granted by order of this Court entered December 2, 2003 (M-5090) extended to cover judgment of resentence rendered on or about May 19, 2005, as indicated. |
| Tom, J.P., Sullivan, Ellerin, Nardelli, Williams, JJ. M-2641 People v Farrell, David Counsel substituted. |
| Tom, J.P., Saxe, Marlow, Nardelli, JJ. M-2386 People v Watson, Charles Writ of error coram nobis denied. |
| Tom, J.P., Mazzarelli, Friedman, Gonzalez, Catterson, JJ. M-2344 In re S., Shareal Stacey - Graham Windham Services for Families and Children Leave to appeal to the Court of Appeals denied. |
| Mazzarelli, J.P., Friedman, Nardelli, Williams, JJ. M-2384 People v Curtis, Khalil Counsel substituted. |
| Mazzarelli, J.P., Friedman, Nardelli, Williams, JJ. M-1872 In the Matter of F., Charlean v G., Joseph Leave to prosecute appeal as a poor person granted to the extent indicated; time to perfect same enlarged to on or before November 5, 2005 for the January 2006 Term; assignment of counsel denied. |
| Andrias, J.P., Marlow, Sullivan, Ellerin, Nardelli, JJ. M-2483 People v Boston, Ivan Counsel substituted. |
| Marlow, J.P., Ellerin, Nardelli, Williams, Sweeny, JJ. M-2469 Carter-Clark v Random House, Inc. Reargument or other relief denied. |
| Saxe, J. M-2147 People v Parilla, Scott Leave to appeal to this Court granted, as indicated. |
| Saxe, J. M-2648 People v Trubin, Andrew Leave to appeal to this Court denied. |
| Saxe, J. M-2733 People v Love, Michael 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-3077Aaron Haleva, admitted on February 25, 1987, 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. |
| The Following Orders Were Entered And Filed On July 21, 2005: |
| Buckley, P.J., Tom, Mazzarelli, Saxe, Friedman, JJ. M-2817 De Lucia v Fetner Family Trust I, II, III Stay denied. |
| Tom, J.P., Sullivan, Ellerin, Nardelli, Williams, JJ. M-2620A People v Brewer, Eric Leave to file supplemental brief granted, as indicated. (The order of this Court entered on July 14, 2005 [M-2620], recalled and vacated. |
| Tom, J.P., Saxe, Friedman, Marlow, Catterson, JJ. M-1615 Ponterio v Kaye Appeal transferred to the Third Judicial Department for hearing and disposition. |
| Mazzarelli, J.P., Saxe, Friedman, Sullivan, Williams, JJ. M-381A In the Matter of D., Dyandria - Administration for Children's Services (And another action) Enlargement of record on appeal and related relief denied, with leave to renew, as indicated. (The order of this Court entered on July 14, 2005 [M-381] recalled and vacated.) |
| Andrias, J.P., Sullivan, Gonzalez, Sweeny, Catterson, JJ. M-1805 The Residential Board of Managers of the M-1884 99 Jane Street Condominium v Rockrose Development Corp. (And a third-party action) Time to perfect appeal and cross appeal enlarged to the November 2005 Term. |
| The Following Order Was Entered And Filed On July 25, 2005: |
| Buckley, P.J., Tom, Mazzarelli, Saxe, Friedman, JJ. M-3234 Giandana v Providence Rest Nursing Home M-3218 (And a third-party action) Stay of trial granted; dismissal of appeal denied; appeal adjourned to the October 2005 Term. |