| THE FOLLOWING MOTION ORDERS WERE ENTERED AND FILED ON OCTOBER 18, 2005 |
| Buckley, P.J., Tom, Mazzarelli, Andrias, Saxe, JJ. M-5336X Teachers Insurance and Annuity Association of America v XL Reinsurance America, Inc., (formerly known as NAC Reinsurance Corporation) Appeal withdrawn. |
| Buckley, P.J., Tom, Mazzarelli, Andrias, Saxe, JJ. 5413X Morgado Family Partners, LP v Lipper -- PricewaterhouseCoopers LLP ("PwC") Appeal withdrawn. |
| Buckley, P.J., Tom, Mazzarelli, Andrias, Saxe, JJ. M-5467X Serrano v 432 Park South Realty Co. L.L.C. (And other actions) Appeal withdrawn. |
| Buckley, P.J., Tom, Mazzarelli, Andrias, Saxe, JJ. M-5414X Martinez v Slattery Skanska, Inc., formerly known as Slattery Associates, Inc. Appeal and cross appeal withdrawn (See M-4748, decided simultaneously herewith.) |
| Buckley, P.J., Tom, Mazzarelli, Andrias, Saxe, JJ. M-4748 Martinez v Slattery Skanska, Inc., formerly known as Slattery Associates, Inc. Motion deemed withdrawn. (See M-5414X, decided simultaneously herewith.) |
| Buckley, P.J., Tom, Mazzarelli, Andrias, Saxe, JJ. M-5488 Archer v Koch Skanska, Inc., formerly known as Karl Koch Erecting Company, Inc. Appeal, previously perfected for the November 2005 Term, withdrawn. |
| Buckley, P.J., Friedman, Sullivan, Nardelli, JJ. M-4765 Oka v New York City Transit Authority Dismissal of appeal denied. |
| Buckley, P.J., Tom, Mazzarelli, Andrias, Saxe, JJ. M-5158 People v Bowen, Benjamin M-5160 Burton, Howard M-5162 Moye, Arnold M-5163 Mears, Steven M-5164 Pitterson, Delroy Leave to prosecute appeals as poor persons granted, as indicated. |
| Buckley, P.J., Tom, Mazzarelli, Andrias, Saxe, JJ. M-5165 People v Ramirez, Raymond M-5166 Rivera, Angel L. M-5167 Shute, John M-5168 Snowden, George M-5170 Stone, Corey, also known as Stone, Cory M-5171 Teasley, Gary, also known as Harris, Junior M-5172 Vargas, Luis M-5174 Williams, Van Leave to prosecute appeals as poor persons granted, as indicated. |
| Buckley, P.J., Tom, Mazzarelli, Saxe, Friedman, JJ. M-5064 The Superintendent of Insurance of the State of New York, as Liquidator of Union Indemnity Insurance Company of New York v Spira Renewal/reargument denied. |
| Tom, J.P., Marlow, Ellerin, Williams, McGuire, JJ. M-4511 Dhillon v Bryant Associates Dismissal of cross appeal denied; record on appeal filed with this Court deemed a joint record on appeal. Plaintiffs-respondents-appellants directed to pay one-half costs of the record on appeal; defendants-appellants-respondents directed to amend cover of said record, brief and preargument statement; plaintiffs' notice of appeal deemed a cross appeal; all as indicated. Clerk directed to maintain the appeal and cross appeal on the calendar for the December 2005 Term. |
| Tom, J.P., Saxe, Nardelli, Catterson, Malone, JJ. M-3996 In the Matter of W., Gregory Time to perfect appeal enlarged to the January 2006 Term. |
| Tom, J.P., Andrias, Sullivan, Gonzalez, Sweeny, JJ. M-4760 Brown v The City of New York Time to perfect appeal enlarged to the February 2006 Term. |
| Tom, J.P., Mazzarelli, Marlow, Ellerin, JJ. M-3404 People v Espaillat, Juan Motion deemed withdrawn. |
| Mazzarelli, J.P., Andrias, Ellerin, Gonzalez, McGuire, JJ. M-4837 In the Matter of Gonzalez v New York City Clerk Clerk directed to maintain appeal on calendar for the December 2005 Term. Respondent deemed served with a copy of the notice of appeal. |
| Mazzarelli, J.P., Marlow, Ellerin, Gonzalez, Catterson, JJ. M-2441 In re M., Fatima; M., Anwar; M., Furquan; M., Taheerah; M., Aquellah - Administration for Children's Services The decision and order of this Court entered on March 24, 2005 (Appeal Nos. 5090/5090A/5090B/5090C/5090D) clarified to |
| the following extent: (1) the findings of abuse against both parents, and (2) the findings of neglect against both parents based upon drug use were vacated in the initial appeal, and they are a proper subject of the hearing on remand. |
| Mazzarelli, J.P., Andrias, Ellerin, Gonzalez, McGuire, JJ. M-4712 In the Matter of P., Jazminn O'Dell, also known as P., Jazzminn, also known as C., Jazzmin - Graham-Windham Services to Families and Children Leave to prosecute appeal as a poor person granted, as indicated. (See M-4712A, decided simultaneously herewith.) |
| Ellerin, J. M-4712A In the Matter of P., Jazminn O'Dell, also known as P., Jazzminn, also known as C., Jazzmin - Graham-Windham Services to Families and Children Stay denied. (See M-4712, decided simultaneously herewith.) |
| Mazzarelli, J.P., Friedman, Marlow, Nardelli, JJ. M-5074 Crosby v Purdy, doing business as Purdy Construction Time to perfect appeal enlarged to the February 2006 Term. |
| Andrias, J.P., Friedman, Sullivan, Gonzalez, JJ. M-4008 In the Matter of Mack v Donovan Stay of proceedings granted on condition appeal perfected for the February 2006 Term; leave to prosecute appeal as a poor person denied, with leave to renew; all as indicated. |
| Andrias, J.P., Friedman, Sullivan, Gonzalez, JJ. M-4960 Alexander v The State of New York Leave to prosecute appeal as a poor person granted to the extent indicated. |
| Andrias, J.P., Friedman, Sullivan, Gonzalez, JJ. M-4900 In the Matter of C., Ezekiel; R., Angel - Administration for Children's Services Time to perfect appeal enlarged to the February 2006 Term. |
| Andrias, J.P., Marlow, Gonzalez, Sweeny, Catterson, JJ. M-4507A People v Thai, Ryan, also known as Tai, Ryan Leave to prosecute appeal as a poor person granted, as indicated; consolidation of appeal denied, as moot. (See the order of a Justice of this Court entered September 8, 2005 [M-4507]). |
| Marlow, J.P., Ellerin, Williams, Catterson, McGuire, JJ. M-4974 In the Matter of R., Elias Time to perfect appeal enlarged to the February 2006 Term. |
| Mazzarelli, J.P., Saxe, Ellerin, Nardelli, Williams, JJ. In the Matter of Attorneys Who Are in Violation of Judiciary Law Section 468-a: M-5150Maxine Joy Martell, admitted on 6-21-82, at a Term of the Appellate Division, First Department Respondent reinstated as a retired attorney in the State of New York, effective the date hereof, as indicated. No opinion. 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-5418Mitchell C. Gallant, admitted on 5-2-89, at a Term of the Appellate Division, First Department Respondent reinstated as a retired attorney in the State of New York, effective the date hereof. No opinion. All concur. |
| The Following Orders Were Entered And Filed On October 13, 2005: |
| Tom, J.P., Andrias, Sullivan, Gonzalez, Malone, JJ. M-5110 Metropolitan Steel Industries, Inc. doing business as Steelco v Perini Corporation (And a third-party action) Amicus curiae briefs deemed filed. |
| Tom, J.P., Andrias, Sullivan, Gonzalez, Malone, JJ. M-5195 Corrado 2000, Inc. v Metropolitan Transportation Authority Leave to strike certain portions of appellants' brief and related relief denied. |
| Mazzarelli, J.P., Friedman, Marlow, Nardelli, JJ. M-3986 NC Venture I, L.P. v Valley Forge Insurance Co., also known as Valley Forge Insurance Co., Inc. Appeal adjourned to the February 2006 Term, as indicated. |