| THE FOLLOWING MOTION ORDERS WERE ENTERED AND FILED ON NOVEMBER 10, 2005 |
| Buckley, P.J., Tom, Mazzarelli, Andrias, Saxe, JJ. M-6010X Tunick v Colonial Cooperative Insurance Company M-6041X Cellular Telephone Company v 210 East 86th Street Corp. M-6042X Foxridge Associates, LLC v Transcontinental Insurance Company M-6043X In the Matter of Liberty Mutual Insurance Company v Interboro Mutual Insurance Co. M-6077X Morrell & Company The Wine Emporium, Ltd. v McCormack M-6179X Fuller-Mosley v Union Theological Seminary (And a third-party action) M-6104 People v Royster, Gary Appeals withdrawn. |
| Buckley, P.J., Tom, Mazzarelli, Andrias, Saxe, JJ. M-6076 Steele, formerly known as Saperstein v Barney Skanska Construction Company (And a third-party action) Appeal, previously perfected for the November 2005 Term, withdrawn. |
| Buckley, P.J., Tom, Mazzarelli, Andrias, Saxe, JJ. M-6108 Commissioners of The State Insurance Fund v Bright Beginnings Family Services, Inc., formerly known as & sued herein as Marantha Family Service Appeal, previously perfected for the December 2005 Term, withdrawn. |
| Buckley, P.J., Tom, Mazzarelli, Andrias, Saxe, JJ. M-6150 Sabin v Naqvi (And a third-party action) Appeal and cross appeal, previously perfected for the November 2005 Term, deemed withdrawn. |
| Buckley, P.J., Tom, Andrias, Sullivan, Malone, JJ. M-5447 People v Flores, Jesus Notice of appeal deemed timely filed; leave to prosecute appeal as a poor person granted, as indicated. |
| Buckley, P.J., Tom, Mazzarelli, Saxe, Friedman, JJ. M-5330 People v Rincon, Hector Leave to prosecute appeal as a poor person granted, as indicated. |
| Buckley, P.J., Tom, Mazzarelli, Saxe, Friedman, JJ. M-5445 People v Edell, Daniel Leave to prosecute appeal as a poor person granted, as indicated. |
| Buckley, P.J., Nardelli, Sullivan, Williams, Sweeny, JJ. M-2797 People v Rojas, Ramon Leave to prosecute appeal as a poor person granted, as indicated. |
| Buckley, P.J., Tom, Mazzarelli, Marlow, Catterson, JJ. M 5021 In the Matter of C., Children - Graham Windham Services to Families and Children Leave to prosecute appeal as a poor person granted, as indicated. (See M-5021A, decided simultaneously herewith.) |
| Tom, J. M 5021A In the Matter of C., Children - Graham Windham Services to Families and Children Stay denied. (See M-5021, decided simultaneously herewith.) |
| Buckley, P.J., Mazzarelli, Andrias, Friedman, Sweeny, JJ. M-4655 In the Matter of G., "Male", also known as McG., Isaiah - Edwin Gould Services for Children and Families Leave to prosecute appeal as a poor person granted, as indicated. (See M-4655A, decided simultaneously herewith.) |
| Mazzarelli, J. M-4655A In the Matter of G., "Male", also known as McG., Isaiah - Edwin Gould Services for Children and Families Stay denied. (See M-4655, decided simultaneously herewith.) |
| Buckley, P.J., Tom, Mazzarelli, Andrias, Saxe, JJ. M-5858 People v Behlin, Harry M-5859 Bodden, Timothy M-5860 Brown, Anthony M-5861 Brunson, Justice M-5862 Bryant, Anthony M-5870 Cagle, Robert M-5869 Caseresherrera, Amaury M-5874 Celpa, Angel M-5884 DeJesus, Rafael M-5887 Ely, Lance M-5891 Forson, Samuel O. M-5899 Jones, Johnny M-5902 Jordan, Derrick M-5916 Valdez, Ramon M-5918 Watson, David, also known as Fry, Jamie M-5920 Wilkonson, Bryon M-5921 Williams, Derrick Upon the Court's own motion, time to perfect appeals enlarged to the February 2006 Term, as indicated. |
| Buckley, P.J., Mazzarelli, Andrias, Saxe, Williams, JJ. M-5780 In the Matter of Lacher v New York State Department of Housing and Community Renewal (And another action) Reargument denied. |
| Buckley, P.J., Friedman, Marlow, Sullivan, Nardelli, JJ. M-3795A People v Taylor, Phillip Leave to file pro se supplemental brief granted to on or before January 3, 2006 for the March 2006 Term, to which Term appeal adjourned, as indicated; enlargement of record on appeal denied. (See M-3795, decided simultaneously herewith.) |
| Marlow, J. M-3795 People v Taylor, Phillip Reargument denied. (See M-3795A, decided simultaneously herewith.) |
| Buckley, P.J., Tom, Mazzarelli, Marlow, Catterson, JJ. M-4955A People v Cumberland, Robert Upon the Court's own motion, leave to file pro se supplemental brief with respect to appeal from the judgment of the Supreme Court, New York County, rendered on or about March 31, 2004 under New York County Indictment No. 3192/02 to on or before January 3, 2006 for the March 2006 Term, to which Term appeal adjourned, as indicated. (See M-4955 decided simultaneously herewith.) |
| Catterson, J. M-4955 People v Cumberland, Robert Leave to appeal to this Court denied. (See M-4955A, decided simultaneously herewith.) |
| Tom, J.P., Marlow, Ellerin, Williams, McGuire, JJ. M-4693 Gruppo v London M-4893 (And a third-party action) Leave to strike record on appeal denied, without prejudice to addressing the issue on appeal; enlargement of record on appeal denied; appeal adjourned to the January 2006 Term, as indicated. |
| Tom, J.P., Andrias, Friedman, Sullivan, Malone, JJ. M-5807 Alpha GMBH & Co. Schiffsbesitz KG, a German Limited Partnership v Bip Industries Co., a Korean Corporation Leave to strike respondent's brief and other relief denied. |
| Tom, J.P., Andrias, Friedman, Sullivan, Malone, JJ. M-5981 Aronitz v Pricewaterhousecoopers LLP Leave to preclude appellant from filing a reply brief denied. |
| Tom, J.P., Andrias, Sullivan, Gonzalez, Sweeny, JJ. M-5032 Mostel v Mostel Time to perfect appeal enlarged to on or before December 5, 2005 for the February 2006 Term, as indicated. |
| Tom, J.P., Marlow, Ellerin, Williams, McGuire, JJ. M-4813 In the Matter of A., Rene Leave to prosecute appeal as a poor person granted, as indicated. |
| Tom, J.P., Marlow, Ellerin, Williams, McGuire, JJ. M-4814 In the Matter of D., Danny Leave to prosecute appeal as a poor person granted, as indicated. |
| Mazzarelli, J.P., Andrias, Sullivan, Williams, Malone, JJ. M-5398 Johnson v Chapin Time to perfect appeal enlarged to the March 2006 Term, as indicated. |
| Mazzarelli, J.P., Andrias, Sullivan, Williams, Malone, JJ. M-5563 Countrywide Home Loans, Inc. v Keys Time to perfect appeal enlarged to on or before November 30, 2005 for the February 2006 Term, as indicated. |
| Mazzarelli, J.P., Andrias, Sullivan, Williams, Malone, JJ. M-5533 Williams v Halpern Leave to file a second supplemental record on appeal granted, as indicated; appeal adjourned to the January 2006 Term. |
| Mazzarelli, J.P., Andrias, Sullivan, Williams, Malone, JJ. M-5496 Lalique North America, Inc. v Dias Stay of all proceedings granted on condition defendants-appellants post an undertaking, as indicated. |
| Mazzarelli, J.P., Andrias, Saxe, Marlow, Sullivan, JJ. M-4749 Prospect Street Ventures I, LLC v Eclipsys Solutions Corp. Reargument granted, and upon reargument, the decision and order of this Court entered on August 4, 2005 (Appeal No. 6280), recalled and vacated and a new decision and order substituted therefor. (See Appeal No. 6280, decided simultaneously herewith.) Leave to appeal to the Court of Appeals denied. |
| Andrias, J.P., Marlow, Gonzalez, Sweeny, Catterson, JJ. M-2855 People v Alfaradi, Jamal, also known as M-2855A Algaradi, Jamal Dismissal of appeal denied; leave to prosecute appeal as a poor person granted, as indicated. |
| Andrias, J.P., Saxe, Friedman, Nardelli, Malone, JJ. M-5185 Lora v The City of New York Time to perfect appeal enlarged to the March 2006 Term. |
| Andrias, J.P., Saxe, Friedman, Nardelli, Malone, JJ. M-5334 In the Matter of D., Marie Verdelle; D., Marvin Lewis, also known as B., Marvin Lewis, also known as B., Lewis and D., Marlisa Pauline, also known as D., Marlisa - Commissioner of Social Services Leave to prosecute appeal as a poor person granted, as indicated. |
| Andrias, J.P., Friedman, Sullivan, Gonzalez, JJ. M-5052 Alston v Metropolitan Transportation Authority (MTA) Group Inc. Leave to prosecute appeal as a poor person and related relief denied. |
| Marlow, J.P., Nardelli, Williams, Sweeny, McGuire, JJ. M-5342 Greenstein v 200 Realty Equities, LLC Appeal deemed withdrawn, as indicated. |
| Marlow, J.P., Nardelli, Williams, Sweeny, McGuire, JJ. M-5236 People v Castillo, Felix Leave to prosecute appeal as a poor person granted, as indicated. |
| Marlow, J.P., Nardelli, Williams, Sweeny, McGuire, JJ. M-5324 In the Matter of G., Valentino, also known as G., Valentin, also known as G., Valentine - The Children's Aid Society Leave to prosecute appeal as a poor person granted, as indicated. |
| Marlow, J.P., Nardelli, Williams, Sweeny, McGuire, JJ. M-5374 People v Pacheco, Andre Enlargement of record on appeal denied. |
| Marlow, J.P., Nardelli, Williams, Sweeny, McGuire, JJ. M-5712 VJB Construction Corp. v Valley Forge Ins. Co. Time to perfect appeal enlarged to the February 2006 Term. |
| Sullivan, J.P., Ellerin, Williams, Gonzalez, McGuire, JJ. M-5736 In the Matter of Seldin v Fiorella Preliminary appellate injunction and other relief denied; interim relief granted by order of a Justice of this Court, dated September 30, 2005, vacated. Buckley, P.J. M-5244 People v Rivers, Kenneth Leave to appeal to this Court denied. Buckley, P.J. M-5816 People v Davis, Aaron Leave to appeal to this Court denied. |
| Tom, J. M-4956 People v Flemming, Woodrow Leave to appeal to this Court denied. |
| Sullivan, J. M-3871 People v Hardison, Kyle Leave to appeal to this Court denied. |
| The Following Orders Were Entered And Filed On November 3, 2005: |
| Buckley, P.J., Tom, Saxe, Friedman, Malone, JJ. M-5991 Munoz v 221 West 16th Realty LLC Oral argument denied. |
| Tom, J.P., Marlow, Ellerin, Sweeny, Catterson, JJ. M-5925 245 East 19th Street Associates, LLC v Korn Preliminary appellate injunction granted on condition appeal perfected to on or before December 5, 2005 for the February 2006 Term, as indicated. |
| Mazzarelli, J.P., Saxe, Ellerin, Gonzalez, Catterson, JJ. M-5781 Hoesten v Best M-5793 Stay of trial granted; appeal and cross appeal adjourned to the March 2006 Term. |