| THE FOLLOWING MOTION ORDERS WERE ENTERED AND FILED ON SEPTEMBER 27, 2005 |
| Buckley, P.J., Tom, Mazzarelli, Andrias, Saxe, JJ. M-4985X Seider v Brigati M-4986X Sapp v The Propeller Company LLC (And other actions) M-4987X Melendez v Century 21, Inc. M-4990X Cacciola v J.P. Morgan Chase & Co. M-5033X Putnam v Long Island Rail Road M-5041X The Brooklyn Hospital Center v One Beacon Insurance, formerly known as CGU Insurance Appeals withdrawn. |
| Buckley, P.J., Tom, Mazzarelli, Andrias, Saxe, JJ. M-4988X HRH Construction Corporation v CNA Insurance Company Appeal and cross appeal withdrawn. |
| Buckley, P.J., Tom, Mazzarelli, Andrias, Saxe, JJ. M-4989X Tabares v 341 E. 60th Street Corp. Appeals and cross appeal withdrawn. |
| Buckley, P.J., Tom, Mazzarelli, Andrias, Saxe, JJ. M-5045 Cohen & Leavitt, a Partnership, formerly known as Cohen, Leavitt, Leavitt & Cohen v J.P. Morgan Chase Co. Appeal, previously perfected for the October 2005 Term, withdrawn. |
| Buckley, P.J., Saxe, Ellerin, Nardelli, Williams, JJ. M-4047 Nimkoff v Nimkoff Leave to hold plaintiff-respondent in contempt denied, without prejudice to defendant-appellant proceeding in Supreme Court. |
| Buckley, P.J., Mazzarelli, Andrias, Saxe, Williams, JJ. M-4745 Medina v The New York Presbyterian Hospital - Grossman Preference granted to the extent of directing the Clerk to maintain appeals on the calendar in the November 2005 Term; appeals consolidated. |
| Tom, J.P., Sullivan, Ellerin, Nardelli, Williams, JJ. M-3847 In the Matter of L., Lashouyna v L., Tony Counsel substituted. |
| Tom, J.P., Andrias, Friedman, Sullivan, Nardelli, JJ. M-4572 People v Jackson, Tyrone, also known as Jackson, Tyrone L. Leave to relieve counsel and other relief denied. |
| Tom, J.P., Andrias, Ellerin, Nardelli, Sweeny, JJ. M-3836 Mendoza v American Country Insurance Company M-3702 Leave to appeal to the Court of Appeals denied; leave to hold defendant-appellant in contempt and other relief denied. |
| Mazzarelli, J.P., Saxe, Nardelli, Gonzalez, JJ. M-2807 Guerrero v Carva (And another action) Leave to appeal to the Court of Appeals denied. |
| Andrias, J.P., Marlow, Gonzalez, Sweeny, Catterson, JJ. M-3926 Saunds v Heidemann Appeal dismissed. |
| Andrias, J.P., Marlow, Gonzalez, Sweeny, Catterson, JJ. M-4489 Delulio v Waller Appeal dismissed. |
| Andrias, J.P., Marlow, Gonzalez, Sweeny, Catterson, JJ. M-3706 Total Renovation & Construction, Inc. v Dykstra Appeal dismissed. (See M-3708, decided simultaneously herewith.) |
| Andrias, J.P., Marlow, Gonzalez, Sweeny, Catterson, JJ. M-3708 Total Renovation & Construction, Inc. v Dykstra Appeal dismissed. (See M-3706, decided simultaneously herewith.) |
| Andrias, J.P., Marlow, Gonzalez, Sweeny, Catterson, JJ. M-3902 Coulibaly v Rivera Appeal dismissed. |
| Andrias, J.P., Marlow, Gonzalez, Sweeny, Catterson, JJ. M-4483 Golden National Mortgage Banking Company v Rivera Appeal dismissed. |
| Andrias, J.P., Marlow, Gonzalez, Sweeny, Catterson, JJ. M-4592 Wilhelmina Artist Management LLC v Jeffers, professionally known as Eve Stay of trial granted on condition appeal perfected for the January 2006 Term, as indicated. |
| Andrias, J.P., Marlow, Gonzalez, Sweeny, Catterson, JJ. M-4690 Estate of Silbermann - East Harlem Management Group, Inc. v Silbermann (And a third-party action) Appeal adjourned to the December 2005 Term; motion otherwise denied. |
| Andrias, J.P., Marlow, Gonzalez, Sweeny, Catterson, JJ. M-3412 In the Matter of S., Courtney Leave to prosecute appeal as a poor person granted, as indicated. |
| Andrias, J.P., Marlow, Gonzalez, Sweeny, Catterson, JJ. M-3436 In the Matter of B., Taariq Leave to prosecute appeal as a poor person granted, as indicated. |
| Andrias, J.P., Marlow, Gonzalez, Sweeny, Catterson, JJ. M-3683 In the Matter of W., Lionel Burton, Jr., also known as W., Lionel - The Children's Aid Society Leave to prosecute appeal as a poor person granted, as indicated. |
| Andrias, J.P., Marlow, Gonzalez, Sweeny, Catterson, JJ. M-3995 In the Matter of D., Shacora Leave to prosecute appeal as a poor person granted, as indicated. |
| Andrias, J.P., Marlow, Gonzalez, Sweeny, Catterson, JJ. M-3751 In the Matter of B., Lamar Rashard Justin Trevon - Association to Benefit Children Leave to prosecute appeal as a poor person granted, as indicated. (See M-3751A, decided simultaneously herewith.) |
| Andrias, J. M-3751A In the Matter of B., Lamar Rashard Justin Trevon - Association to Benefit Children Stay granted. (See M-3751, decided simultaneously herewith.) |
| Andrias, J.P., Marlow, Gonzalez, Sweeny, Catterson, JJ. M-3904 In the Matter of N., Drew-Clarence Tonai, also known as N., Drew - Edwin Gould Services for Children and Families Reargument denied. |
| Andrias, J.P., Marlow, Gonzalez, Sweeny, Catterson, JJ. M-4516A Washington Group, LLC v Fox News Network, LLC Time to perfect appeal and cross appeal enlarged to the December 2005 Term. The order of this Court entered on September 15, 2005 (M-4516) recalled and vacated. |
| Andrias, J.P., Friedman, Marlow, Nardelli, Williams, JJ. M-3084 In re Chatham Towers, Inc. v Bloomberg M-4538 Leave to appeal to the Court of Appeals and other relief denied; leave to supplement said motion and alternative relief denied, as indicated. |
| Andrias, J.P., Marlow, Sullivan, Gonzalez, Sweeny, JJ. M-2714 In re Tarka v Roth Reargument denied. |
| Saxe, J.P., Marlow, Williams, Sweeny, Catterson, JJ. M-4970 People v Gomez, Julio Appeal withdrawn. |
| Saxe, J.P., Marlow, Williams, Sweeny, Catterson, JJ. M-4556 Lombardi v Euromarket Designs, doing business as Crate & Barrel, also known as Crate and Barrel (And a third-party action) Time to perfect appeal enlarged to the December 2005 Term. |
| Saxe, J.P., Marlow, Williams, Sweeny, Catterson, JJ. M-4983 In re New York City Asbestos Litigation - Collura v Patterson-Kelley Company Expedited hearing of appeal and alternative relief denied. |
| Saxe, J.P., Ellerin, Sweeny, Catterson, JJ. M-3892 Spadola v 260/261 Madison Equities Corp. M-4184 (And other actions) Leave to appeal to the Court of Appeals denied. |
| Saxe, J.P., Friedman, Marlow, Sullivan, Williams, JJ. M-2694 Messinger v The Mount Sinai Medical Center Reconsideration denied. |
| Friedman, J.P., Marlow, Gonzalez, Catterson, JJ. M-4182 Estate of Marrero - Melendez v The City of New York Appeal dismissed unless perfected for the March 2006 Term, as indicated. |
| Friedman, J.P., Sullivan, Nardelli, Gonzalez, Sweeny, JJ. M-4020 Lee v Solimano Stay denied. |
| Friedman, J.P., Sullivan, Mazzarelli, Gonzalez, Sweeny, JJ. M-4664 People v Rosenberg, Jeanyl Enlargement of record on appeal granted to the extent indicated; assigned counsel directed to serve a copy of this order and moving papers upon the Clerk of the Supreme Court, New York County; transcription of minutes directed; time to perfect appeal enlarged to the March 2006 Term, all as indicated. |
| Friedman, J.P., Marlow, Gonzalez, Catterson, JJ. M-3955 People v Harrison, Shameek Leave to prosecute appeal as a poor person granted, as indicated. |
| Sullivan, J.P., Ellerin, Nardelli, Sweeny, JJ. M-4540 People v Fory, Orlando Appeal deemed withdrawn. |
| Sullivan, J.P., Ellerin, Nardelli, Sweeny, JJ. M-4714 Dell v Fleishmann M-4775 Appeal dismissed. |
| Sullivan, J.P., Ellerin, Nardelli, Sweeny, JJ. M-4546 Estate of Jones - Jones v Maclin Stay granted, as indicated. |
| Sullivan, J.P., Ellerin, Nardelli, Sweeny, JJ. M-4588 People v Gomez, Yakim, also known as Ka'David, Yahkim Gomez, also known as Ka'Dawid, Yahkim Gomez Leave to file pro se supplemental brief granted to on or before November 7, 2005 for the January 2006 Term, to which Term appeal adjourned, as indicated. |
| Sullivan, J.P., Ellerin, Nardelli, Sweeny, JJ. M-4589 People v Brown, Leroy Leave to file pro se supplemental brief granted to on or before November 7, 2005 for the January 2006 Term, to which Term appeal adjourned, as indicated. |
| Williams, J. M-4776 People v Conway, Mark Leave to appeal to the Court of Appeals granted, as indicated. |
| Sweeny, J. M-4501 People v Wilson, Edward 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-4767Stephen Michael Silver, admitted on 6-18-90, 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. |
| Mazzarelli, J.P., Saxe, Ellerin, Nardelli, Williams, JJ. In the Matter of Attorneys Who Are in Violation of Judiciary Law Section 468-a: M-4768David Baruch Simpson, admitted on 12-16-63, 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. |
| Mazzarelli, J.P., Saxe, Ellerin, Nardelli, Williams, JJ. In the Matter of Attorneys Who Are in Violation of Judiciary Law Section 468-a: M-4777David S. Wilde, admitted 9-29-86, 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. |
| Buckley, P.J., Tom, Marlow, Gonzalez, Catterson, JJ. M-5482 In the Matter of Allan L. Blumstein M-305 (admitted as Allan Leon Blumstein) Respondent disbarred and his name stricken from the roll of attorneys and counselors-at-law in the State New York, effective the date hereof. Opinion Per Curiam. All concur. |
| Saxe, J.P., Sullivan, Ellerin, Sweeny, Catterson, JJ. M-1570 In the Matter of Bertram Brown, an attorney and counselor-at-law: Respondent suspended from the practice of law in the State of New York, effective the date hereof, until such time as disciplinary matters pending before the Committee have been concluded and until further order of this Court. Opinion Per Curiam. All concur. |
| The Following Orders Were Entered And Filed On September 22, 2005: |
| Saxe, J.P., Marlow, Williams, Sweeny, Catterson, JJ. M-4671 Guerrand-Hermes v Guerrand-Hermes -- Rostropovich Sur-reply brief submitted as Exhibit B to moving papers deemed filed for the November 2005 Term, to which Term appeal adjourned; motion otherwise denied. Non-party respondent directed to file 10 additional copies of said brief with the Clerk's office. (See M-4672, decided simultaneously herewith.) |
| Saxe, J.P., Marlow, Williams, Sweeny, Catterson, JJ. M-4672 Micalden Investments S.A. v Guerrand-Hermes -- Rostropovich Sur-reply brief submitted as Exhibit B to moving papers deemed filed for the November 2005 Term, to which Term appeal adjourned; motion otherwise denied. Non-party respondent directed to file 10 additional copies of said brief with the Clerk's Office. (See M-4671, decided simultaneously herewith.) |
| Saxe, J.P., Marlow, Williams, Sweeny, Catterson, JJ. M-4694 Davis v Melnicke Stay of arbitration and referee hearings granted on condition appeal perfected for the January 2006 Term, as indicated; motion otherwise denied. |
| Sullivan, J.P., Ellerin, Nardelli, Sweeny, JJ. M-4603 Geneva Temps, Inc. v New World Communities, Inc. - Kalra Appeal adjourned to the November 2005 Term; appellants directed to file a single reply brief for said Term; motion otherwise denied. |