| THE FOLLOWING MOTION ORDERS WERE ENTERED AND FILED ON OCTOBER 13, 2005 |
| Buckley, P.J., Tom, Mazzarelli, Andrias, Saxe, JJ. M-5275 People v Encarnacion, Yanis, also known as Aviles, Yanis-Marien M-5339 People v Rodriguez, Jose M-5379 People v Nesbitt, Darren M-5322 In the Matter of B., Julio M-5335X Humphrey v Westview Associates M-5412X American Movie Classics Company v Time Warner Entertainment, L.P. (And Another Action) Appeals withdrawn. |
| Buckley, P.J., Tom, Mazzarelli, Andrias, Saxe, JJ. M-5378 Form Services Inc. v Richardson & Lucas, Inc. (And a Third Party Action) Appeal, previously perfected for the September 2005 Term, withdrawn. |
| Buckley, P.J., Tom, Mazzarelli, Andrias, Saxe, JJ. M-5371 Carver v Hopgood, Calimafde, Kalil & Judlowe, LLP. Appeal, previously perfected for the October 2005 Term, withdrawn. |
| Buckley, P.J., Tom, Mazzarelli, Andrias, Saxe, JJ. M-5343 Twin City Fire Insurance Company as subrogee of Lesbian and Gay Community v Scorcia and Diana Associates, Inc. (And other Actions) Appeal, previously perfected for the November 2005 Term, withdrawn. |
| Buckley, P.J., Tom, Mazzarelli, Andrias, Saxe, JJ. M-5369 Reyes v July LLC (And other Actions) Appeal, previously perfected for the November 2005 Term, withdrawn. |
| Buckley, P.J., Tom, Mazzarelli, Andrias, Saxe, JJ. M-5305 Mansilla v the City of New York Appeal, previously perfected for the November 2005 Term, withdrawn. |
| Buckley, P.J., Tom, Mazzarelli, Andrias, Saxe, JJ. M-5370 Corelli v Payea Appeal, previously perfected for the November 2005 Term, withdrawn. |
| Buckley, P.J., Mazzarelli, Andrias, Friedman, Sweeny, JJ. M-4973 In the Matter of Gonzalez Brown Pearson Shubrick v Warden Leave to bar respondent from filing answering brief or alternative relief denied. |
| Tom, J.P., Marlow, Ellerin, Williams, McGuire, JJ. M-4722 In the Matter of B., Shetia Sadie, also known as B., Shetia, also known as B., Shatia, also known as B., Sheita; B., Edward Appeal dismissed. |
| Tom, J.P., Mazzarelli, Ellerin, Nardelli, Sweeny, JJ. M-4779 In the Matter of Johnson v New York City Department of Environmental Protection Appeal deemed withdrawn, as indicated. (See M-4750, decided simultaneously herewith). |
| Ellerin, J. M-4750 In the Matter of Johnson v New York City Department of Environmental Protection Leave to appeal to this Court denied, as indicated. (See M-4779, decided simultaneously herewith). |
| Tom, J.P., Marlow, Ellerin, Williams, McGuire, JJ. M-4894 In the Matter of Seldin v Fiorella Leave to prosecute appeal as a poor person granted to the extent indicated. |
| Tom, J.P., Mazzarelli, Saxe, Friedman, Sullivan, JJ. M-4605 In re GVC II, Inc. v The Contract Dispute Resolution Board of the City of New York Reargument granted, and upon reargument, the decision and order of this Court entered on December 21, 2004 (Appeal No. 4970) recalled and vacated and a new decision and order substituted therefor. (See Appeal No. 4970, decided simultaneously herewith). |
| Tom, J.P., Mazzarelli, Friedman, Gonzalez, Catterson, JJ. M-4769 People v Schwartz, Howard Finkelstein, Steven Belkin, Jon Reargument of appeal with respect to defendants-appellants Schwartz and Finkelstein and other relief denied. |
| Tom, J.P., Mazzarelli, Marlow, Sullivan, JJ. M-2647 People v Kemp, Delroy Writ of error coram nobis denied. |
| Mazzarelli, J.P., Andrias, Ellerin, Gonzalez, McGuire, JJ. M-4753 People v Dozier, Marcus Notice of appeal and this Court's order amended, as indicated. |
| Mazzarelli, J.P., Andrias, Saxe, Williams, Catterson, JJ. M-4620 Appel v Allstate Insurance Company Reargument or other relief denied. |
| Mazzarelli, J.P., Friedman, Williams, Gonzalez, Catterson, JJ. M-2803 Malawer v New York City Transit Authority Leave to appeal to the Court of Appeals granted, as indicated. |
| Mazzarelli, J.P., Friedman, Williams, Gonzalez, Catterson, JJ. M-5115 Taveras v Inwood Associates (And a Third Party Action) Stay of trial denied. |
| Andrias, J.P., Friedman, Sullivan, Gonzalez, JJ. M-5191 Sabia v Mattituck Inlet Marina and Shipyard, Inc. Stay of trial granted. |
| Saxe, J.P., Marlow, Williams, Sweeny, Catterson, JJ. M-4684 People v Cruz, Jose Appeal dismissed. |
| Saxe, J.P., Ellerin, Sweeny, Catterson, JJ. M-1920B In the Matter of S.D., Tatiana Kismet, also known as B., Tatiana, also known as "A." B., Baby Girl and S.D., Taaliyah Simone, also known as B. Taaliyah, also known as S., Taaliyah, also known as "B." B., Baby Girl -The New York Foundling Hospital Leave to prosecute appeal as a poor person granted, as indicated. (See M-1920C, decided simultaneously herewith). |
| Catterson, J. M-1920C In the Matter of S.D., Tatiana Kismet, also known as B., Tatiana, also known as "A." B., Baby Girl -The New York Foundling Hospital Stay denied. (See M-1920A, decided September 8, 2005 [Corrected Order October 3, 2005]; see also M-1920B decided simultaneously herewith). |
| Saxe, J.P., Sullivan, Nardelli, Williams, JJ. M-3409 Milton v 305/72 Owners Corp. Reargument or other relief denied. |
| Saxe, J.P., Marlow, Ellerin, Nardelli, Sweeny, JJ. M-2686 Great Northern Insurance Company, as M-2852 subrogee of Neuberger & Berman, LLC v Interior Construction Corp. (And a Third Party Action) Reargument or other relief denied. |
| Saxe, J.P., Marlow, Sullivan, Nardelli, Catterson, JJ. M-3721 Hyundai Corporation v the Central Bank of Iraq Leave to appeal to the Court of Appeals granted, as indicated. |
| Friedman, J.P., Sullivan, Nardelli, Gonzalez, Sweeny, JJ. M-4846 Hand v Kenyon & Kenyon, a New York Partnership Cross appeal dismissed; motion otherwise denied. |
| Ellerin, J.P., Nardelli, Williams, Gonzalez, Sweeny, JJ. M-4944 Bell v New York City Transit Authority Reargument or other relief denied. |
| Marlow, J. M-3189 People v Carrington, Jonathan Leave to appeal to this Court denied. |
| Ellerin, J. M-1310 People v Whitehurst, Willie M-1862 Ruiz, Wilfredo M-1987 Soto, Pedro M-2200 Wheeler, Woodrow M-3291 Torres, Bobby, also known as Marte, Brigido Leave to appeal to this Court denied. |
| Ellerin, J. M-1395 People v Holder, Rogelio Leave to appeal to this Court granted, as indicated. |
| Mazzarelli, J.P., Saxe, Ellerin, Nardelli, Williams, JJ. In the Matter of Attorneys Who Are in Violation of Judiciary Law Section 468-a: M-5247Caroline K. Erisman, admitted on 6-15-87, 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. |
| Friedman, J.P., Ellerin, Williams, Gonzalez, Catterson, JJ. M-2910 In the Matter of Gaetanella Molinini-Rivera M-4724an attorney and counselor-at-law: Respondent suspended from the practice of law in the State of New York for a period of five years, effective November 14, 2005, and until further order of this Court. Motion No. 2910 dismissed as moot. Opinion Per Curiam. All concur. |
| The following orders were entered and filed on October 11, 2005: |
| Tom, J.P., Marlow, Ellerin, Williams, McGuire, JJ. M-4895 In the Matter of Kardos v Executive Plaza Condominium Stay denied. |
| Tom, J.P., Andrias, Sullivan, Gonzalez, Sweeny, JJ. M-4723 Rodriguez v 825 Second Avenue Restaurant Corp. doing business as McFadden's Saloon Caption on appeal amended to reflect non-party respondent, as indicated. Appeal and cross appeal adjourned to the December 2005 Term. |
| Tom, J.P., Marlow, Ellerin, Williams, McGuire, JJ. M-4940 Pahlad v Brustman M 4981 Appeal deemed perfected for the December 2005 Term; cross motion denied. |
| Mazzarelli, J.P., Andrias, Saxe, Marlow, Sullivan, JJ. M-5073 East 44 Realty LLC v East Forty-Fourth Street LLC Appeal deemed filed for the December 2005 Term; stay continued pending hearing and determination of said appeal. |