| THE FOLLOWING MOTION ORDERS WERE ENTERED AND FILED ON NOVEMBER 22, 2005 |
| Buckley, P.J., Tom, Andrias, Sullivan, Malone, JJ. M-5564 Milro Associates v Ethan Allen, Inc. Appeal dismissed. |
| Buckley, P.J., Tom, Mazzarelli, Saxe, Friedman, JJ. M-6006 In the Matter of Baba v Evans Vacatur of order of dismissal denied. |
| Buckley, P.J., Saxe, Marlow, Ellerin, Williams, JJ. M-5146 People v Boyd, Paul Notice of appeal deemed timely filed; leave to prosecute appeal as a poor person denied, with leave to renew, as indicated. |
| Buckley, P.J., Saxe, Marlow, Ellerin, Williams, JJ. M-5169 People v Stephenson, Ricky Leave to prosecute appeal as a poor person denied, with leave to renew, as indicated. |
| Buckley, P.J., Tom, Andrias, Sullivan, Malone, JJ. M-5513 People v Eugenio, Luis Leave to prosecute appeal as a poor person denied, with leave to renew, as indicated. |
| Buckley, P.J., Tom, Andrias, Sullivan, Malone, JJ. M-5506 People v Marchan, Marcel Counsel substituted; poor person relief previously granted continued, as indicated. |
| Buckley, P.J., Mazzarelli, Ellerin, Williams, Sweeny, JJ. M-2837 People v Reid, Roger Writ of error coram nobis denied. |
| Buckley, P.J., Marlow, Ellerin, Gonzalez, Sweeny, JJ. M-4195 Sajid v Tribeca North Associates L.P. (And a Third Party Action) Leave to appeal to the Court of Appeals denied. |
| Buckley, P.J., Friedman, Sullivan, Nardelli, JJ. M-4784 Riverview Development Holding Corp. v "Doe" also known as Calderon Leave to appeal from the Appellate Term and other relief denied. |
| Buckley, P.J., Mazzarelli, Friedman, Marlow, Ellerin, JJ. M-3927 Wachtel - Wolfert v George Reargument denied. |
| Buckley, P.J., Saxe, Nardelli, Williams, Catterson, JJ. M-2764 Zletz v Outten & Golden, LLP Reargument or other relief denied. |
| Tom, J.P., Marlow, Ellerin, Sweeny, Catterson, JJ. M-5557 McCarthy v Unisul, Inc. Appeal dismissed unless perfected for the March 2006 Term, as indicated. |
| Tom, J.P., Andrias, Friedman, Sullivan, Malone, JJ. M-5820 People v Correnti, Anthony Time to perfect appeal enlarged to on or before January 3, 2006 for the March 2006 Term, as indicated. |
| Tom, J.P., Andrias, Friedman, Sullivan, Malone, JJ. M-5551 Carty v Port Authority of New York and New Jersey M-5783 Dennis v Bartow Stationery M-5799 Meyer v Meyer M-5944 In the Matter of McBride v Kelly Time to perfect appeals enlarged to the March 2006 Term. |
| Tom, J.P., Marlow, Ellerin, Sweeny, Catterson, JJ. M-5848 In the Matter of Krinsky v Department of Education of the City of New York ("Doe") Time to perfect appeal enlarged to the March 2006 Term. |
| Tom, J.P., Andrias, Marlow, Sullivan, Catterson, JJ. M-5531 In re Ress v Leventhal Resettlement of order entered June 14, 2005 (Appeal No. 6323N) granted, as indicated. |
| Tom, J.P., Mazzarelli, Andrias, Sullivan, Williams, JJ. M-2474 People v Burgos-Santos, Luis Writ of error coram nobis and other relief denied. |
| Mazzarelli, J.P., Andrias, Sullivan, Williams, Malone, JJ. M-5271 People v Peisahman, Maia Dismissal of appeal denied; time to perfect appeal enlarged to the March 2006 Term. |
| Mazzarelli, J.P., Marlow, Williams, Sweeny, Catterson, JJ. M-6243 Manhattan Real Estate LLC v Pine Equity, Inc. Stay of trial granted, as indicated. |
| Andrias, J.P., Marlow, Gonzalez, Sweeny, Catterson, JJ. M-5723 People v McNeil, Joseph 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. |
| Andrias, J.P., Marlow, Gonzalez, Sweeny, Catterson, JJ. M-4072 People v Occelin, Wilnerson, also known as Wilnerson, Occelin, also known as Evans, Tyrone Substitution of counsel denied, with leave to renew, as indicated. Appeal adjourned to the March 2006 Term. |
| Andrias, J.P., Marlow, Gonzalez, Sweeny, Catterson, JJ. M-4074 In the Matter of Edwards v Goord Leave to prosecute appeal as a poor person granted to the extent indicated. |
| Andrias, J.P., Saxe, Friedman, Nardelli, McGuire, JJ. M-5376 Par Plumbing Co., Inc. v Gotham Bay Construction Corp. Leave to appeal from the Appellate Term denied, as indicated. |
| Saxe, J.P., Marlow, Nardelli, Gonzalez, Sweeny, JJ. M-5403 People v Beazer, Lamont Time to perfect appeal enlarged to the March 2006 Term. |
| Friedman, J.P., Sullivan, Nardelli, Williams, Sweeny, JJ. M-6184 Salovaara v Eckert Time to perfect appeal and cross appeal enlarged to the April 2006 Term. |
| Friedman, J.P., Marlow, Nardelli, Sweeny, Catterson, JJ. M-3405 Deutsche Bank Securities, Inc. v Montana Board of Investments Leave to appeal to the Court of Appeals granted, as indicated. |
| Marlow, J.P., Nardelli, Williams, Sweeny, McGuire, JJ. M-5266 People v Merejildo, Jose Castro Appeal deemed withdrawn. |
| Marlow, J.P., Ellerin, Williams, Catterson, Malone, JJ. M-4924 Janoff v Klugman Appeal dismissed. |
| Marlow, J.P., Nardelli, Williams, Sweeny, McGuire, JJ. M-5372 People v Davis, Anthony Counsel substituted; poor person relief previously granted continued. |
| Marlow, J.P., Ellerin, Williams, Catterson, McGuire, JJ. M-5040 People v Glass, Timothy Leave to prosecute appeal as a poor person granted, as indicated. |
| Marlow, J.P., Nardelli, Williams, Sweeny, McGuire, JJ. M-5373 People v Aguilar, Jose Luis Leave to prosecute appeal as a poor person granted to the extent indicated. |
| Sullivan, J.P., Ellerin, Williams, Gonzalez, McGuire, JJ. M-5237 123 West 15 LLC v Compton Appeal dismissed. |
| Sullivan, J.P., Ellerin, Williams, Gonzalez, McGuire, JJ. M-5492 Lamiscarre v 98 University Place Corp. Leave to prosecute purported appeal as a poor person and other relief denied, as indicated. |
| Sullivan, J.P., Ellerin, Williams, Gonzalez, McGuire, JJ. M-5333 People v Salas, Jessie Leave to prosecute appeal as a poor person denied, with leave to renew, as indicated. |
| Sullivan, J.P., Ellerin, Williams, Gonzalez, McGuire, JJ. M-5346 Welch v Riverton Associates, Inc. Leave to prosecute appeal as a poor person denied; appeal dismissed. |
| Sullivan, J.P., Nardelli, Gonzalez, Williams, JJ. M-2548 People v Vasquez, Gordon Writ of error coram nobis denied. |
| Williams, J. M-5031-A People v Harnett, Timothy Leave to appeal to this Court denied. (See M-5031 entered October 20, 2005). |
| Catterson, J. M-6286 People v Divine, Unique Leave to appeal to the Court of Appeals granted, as indicated. |
| Catterson, J. M-6287 People v Cunningham, Kenneth Leave to appeal to the Court of Appeals denied, as indicated. |
| Tom, J.P., Saxe, Marlow, Ellerin, Catterson, JJ. M-1400 In the Matter of Joseph G. O'Shea (admitted as Joseph Gerard O'Shea), an attorney and counselor-at-law: Respondent suspended from the practice of law in the State of New York, effective December 22, 2005, and until further order of this Court. Opinion Per Curiam. All concur. |
| Tom, J.P., Saxe, Sullivan, Catterson, McGuire, JJ. M-4933 In the Matter of Alan J. Harris (admitted as Alan Jay Harris), a suspended attorney: Respondent's 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. |
| Mazzarelli, J.P., Saxe, Ellerin, Nardelli, Williams, JJ. In the Matter of Attorneys Who Are in Violation of Judiciary Law Section 468-a: M-6061Peter James Kelly, admitted on 1-30-85, 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 order was entered and filed on November 15, 2005: |
| Buckley, P.J., Tom, Saxe, Gonzalez, Malone, JJ. M-6157 Olszewski v Park Terrace Gardens Inc. (And a Third Party Action) Appeals consolidated; third-party defendant-appellant directed to perfect appeal from order entered on or about September 22, 2005 to on or before January 3, 2006 for the March 2005 Term, to which Term perfected appeal from order entered on or about June 9, 2004 adjourned. Clerk directed to calendar appeals for hearing together in said Term. |
| The following orders were entered and filed on November 17, 2005: |
| Buckley, P.J., Nardelli, Williams, Gonzalez, McGuire, JJ. M-5407 People ex rel. Falcon, Ivan v Warden Appeal adjourned to the January 2006 Term; motion otherwise denied, without prejudice to addressing the issue of mootness on appeal. |
| Tom, J.P., Andrias, Friedman, Sullivan, Malone, JJ. M-5751 Acevedo v Schoenbach Appeal dismissed unless perfected on or before December 5, 2005 for the February 2006 Term, as indicated. |
| Friedman, J.P., Sullivan, Nardelli, Williams, Sweeny, JJ. M-6019 In the Matter of Foodmark, Inc. v Carousel Foods of America, Inc. Stay denied. |