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J At a Term of the Appellate Division of the Supreme Court held in and for the First Judicial Department in the County of New York on February 8, 2011. PRESENT - Hon. Luis A. Gonzalez, Peter Tom Angela M. Mazzarelli Richard T. Andrias David B. Saxe, ---------------------------------------X Edward Hughes, Plaintiff-Respondent, -against- SLG Broad Street 125 A LLC, et al., Defendants-Appellants, -and- Sullivan & Cromwell, LLP., et al., Defendants. ---------------------------------------X Presiding Justice, Justices. M-96X Index No. 105224/08 An appeal having been taken from the order of the Supreme Court, New York County, entered on or about April 16, 2010 (mot. seq. no. 003), Now, after pre-argument conference and upon reading and filing the stipulation of the parties hereto, lIso ordered ll January 5, 2011, and due deliberation having been had thereon, It is ordered that the appeal is withdrawn in accordance with the aforesaid stipulation. ENT E R:

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J

At a Term of the Appellate Division of the SupremeCourt held in and for the First Judicial Department inthe County of New York on February 8, 2011.

PRESENT - Hon. Luis A. Gonzalez,Peter TomAngela M. MazzarelliRichard T. AndriasDavid B. Saxe,

---------------------------------------XEdward Hughes,

Plaintiff-Respondent,

-against-

SLG Broad Street 125 A LLC, et al.,Defendants-Appellants,

-and-

Sullivan & Cromwell, LLP., et al.,Defendants.

---------------------------------------X

Presiding Justice,

Justices.

M-96XIndex No. 105224/08

An appeal having been taken from the order of the SupremeCourt, New York County, entered on or about April 16, 2010 (mot.seq. no. 003),

Now, after pre-argument conference and upon reading andfiling the stipulation of the parties hereto, lIso ordered ll

January 5, 2011, and due deliberation having been had thereon,

It is ordered that the appeal is withdrawn in accordancewith the aforesaid stipulation.

E N T E R:

At a Term of the Appellate Division of the SupremeCourt held in and for the First Judicial Department inthe County of New York on February 8, 2011.

PRESENT - Hon. Luis A. Gonzalez,Peter TomAngela M. MazzarelliRichard T. AndriasDavid B. Saxe,

--------- -----------------------------XRoberto Rogers,

Plaintiff-Respondent,

-against

The New York City Housing Authorityand Paul J. Scariano, Inc.,

Defendants,

-and-

Richards Plumbing & Heating Co., Inc.,Defendant-Appellant.

---------------------------------------X

Presiding Justice,

Justices.

M-116XIndex No. 112986/07

An appeal having been taken from the order of the SupremeCourt, New York County, entered on or about August 24, 2010,

Now, after pre-argument conference and upon reading andfiling the stipulation of the parties hereto, IISO ordered ll

January 10, 2011, and due deliberation having been had thereon,

It is ordered that the appeal is withdrawn in accordancewith the aforesaid stipulation.

E N T E R:

(

At a Term of the Appellate Division of the SupremeCourt held in and for the First Judicial Department inthe County of New York on February 8, 2011.

Present - Hon. Luis A. Gonzalez,Peter TomAngela M. MazzarelliRichard T. AndriasDavid B. Saxe,

---------------------------------------xThe People of the State of New York,

Respondent,

-against-

Peter Grado,

Defendant-Appellant.---------------------------------------x

Presiding Justice,

Justices.

M-117Ind. No. 1010/08

An appeal having been taken from the judgment of theSupreme Court, New York County, rendered on or about May 11,2010,

Now, upon reading and filing the stipulation of theparties hereto, filed January 7, 2011, and due deliberationhaving been had thereon,

It is ordered that the appeal is withdrawn in accordancewith the aforesaid stipulation.

E N T E R:

At a Term of the Appellate Division of the SupremeCourt held in and for the First Judicial Department inthe County of New York on February 8, 2011.

Present: Hon. Luis A. Gonzalez,Richard T. AndriasKarla MoskowitzLeland G. DeGrasse,

-----------------------------------xThe People of the State of New York,

Respondent,

against-

Tyrone Minton,

Defendant-Appellant.--------------------------------------x

Presiding Justice,

Justices.

M-1430Ind. No. 3824/04

A decision and order of this Court having been enteredon June 3, 2008 (Appeal No. 3811), unanimously affirming thejudgment of the Supreme Court, Bronx County (Megan Tallmer, J.),rendered on November 17, 2005,

And defendant-appellant having moved, in the natureof a writ of error coram nobis, for a review of his claim ofineffective assistance of appellate counsel, and for relatedrelief,

Now, upon reading and filing the papers with respectto the motion, and the correspondence from defendant, datedDecember 20, 2010, and due deliberation having been had thereon,

It is ordered that said application and related reliefare deemed withdrawn in accordance with the aforesaidcorrespondence.

ENTER:

At a Term of the Appellate Division of the SupremeCourt held in and for the First Judicial Department inthe County of New York on February 8, 2011.

Present: Hon. Luis A. Gonzalez,Peter TomAngela M. MazzarelliRichard T. AndriasDavid B. Saxe,

----------------------------------------xIn the Matter of the Application

The City of New York; The New YorkCity Mayor's Office of Labor Relations,et al.,

Petitioners,

For a Judgment, Pursuant to Article 78of the CPLR, Annulling a Determinationof

William C. Thompson, Jr., as theComptroller of the City of New York,etc., et al.,

Respondents,

Fixing the Compensation of SewageTreatment Workers and Senior SewageTreatment Workers as Employees of theCity of New York at the Prevailing Rateof Wages Pursuant to New York StateLabor Law §§220, et seq. and for aJudgment and order Pursuant to Article78 of the civil Practice Law and Rules.----------------------------------------x

Presiding Justice,

Justices.

M-5796Index No. 1522/09

Petitioners having moved, pursuant to CPLR Article 78,seeking the review and annulment of an order and determination, datedNovember 23, 2009, by respondents,

Now, upon reading and filing the papers with respect to themotion, and the stipulation of the parties, dated May 28, 2010, anddue deliberation having been had thereon, it is

Ordered that the proceeding is deemed withdrawn in accordancewith the aforesaid stipulation.

ENTER:

At a Term of the Appellate Division of the SupremeCourt held in and for the First Judicial Department inthe County of New York on February 8, 2011.

Present: Hon. Luis A. Gonzalez,John W. Sweeny, Jr.Rolando T. AcostaHelen E. FreedmanSheila Abdus-Salaam,

xSent ina Brown,

Plaintiff-Respondent,

-against-

Simone Development Company, L.L.C.,Defendant,

ABM Industries, Inc.,Defendant-Appellant.

---------------------- --------------x

Presiding Justice,

Justices.

M-6001Index No. 303618/08

An appeal having been taken from the order of theSupreme Court, Bronx County, entered on or about September 14,2010,

And defendant-appellant having moved for a stay oftrial pending hearing and determination of the aforesaid appeal,

Now, upon reading and filing the papers with respectto the motion, and the correspondence from defendant's counsel,Lesley M. Lai, Esq., of Gallo Vitucci & Klar, dated January 6,2011, and due deliberation having been had thereon, it is

Ordered that the motion is deemed withdrawn in accordancewith the aforesaid correspondence.

ENTER:

At a Term of the Appellate Division of the SupremeCourt held in and for the First Judicial Department inthe County of New York on February 8, 2011.

Present: Hon. Luis A. Gonzalez,Angela M. MazzarelliJohn W. Sweeny, Jr.Rosalyn H. RichterSallie Manzanet-Daniels,

---------------------------------------xDiane Reid,

Plaintiff-Appellant,

-against-

Maggies Paratransit Corp., et al.,Defendants-Respondents.

-x

Presiding Justice,

Justices.

M-5496M-5678

Index No. 13910/09

An appeal having been taken from the order of theSupreme Court, Bronx County, entered on or about October 22,2009,

And defendants-respondents, Elite Ambulette Services,Inc. and Journelle Mason, having moved to strike plaintiff'snotice of appeal (M-5496),

And defendant-respondent, Maggies Paratransit Corp.,having cross-moved for the aforesaid relief (M-5678),

Now, upon reading and filing the papers with respect tothe motion and cross motion, and the stipulation of the parties,dated November 29, 2010, and due deliberation having been hadthereon, it is

Ordered that plaintiff's notice of appeal is herebywithdrawn. The motion and cross motion (M-5496/M-5678) to strikeplaintiff's notice of appeal are deemed withdrawn.

ENTER:

At a Term of the Appellate Division of the SupremeCourt held in and for the First Judicial Department inthe County of New York on February 8, 2011.

PRESENT - Hon. Luis A. Gonzalez,Peter TomAngela M. MazzarelliRichard T. AndriasDavid B. Saxe,

-------------------- --------------xThe People of the State of New York,

Respondent,

-against-

Milton Canada,Defendant-Appellant.

------------------------------ -- --x

Presiding Justice,

Justices.

M-8Ind. No. 1762/09

Defendant having moved for leave to prosecute, as a poor person,the appeal from a judgment of the Supreme Court, New York County,rendered on or about March 10, 2010, for leave to have the appealheard upon the original record and a reproduced appellant's brief, andfor related relief,

Now, upon reading and filing the papers with respect to themotion, and due deliberation having been had thereon,

It is ordered that the motion is granted to the extent ofpermitting the appeal to be heard on the original record, except thata certified copy of the indictment(s) shall be substituted in place ofthe original indictment(s), and upon a reproduced appellant's brief,on condition that appellant serves one copy of such brief upon theDistrict Attorney of said county and files copies of such brief,together with the original record, pursuant to Rule 600.11 of theRules of this Court.

The court reporter shall promptly make and file with the criminalcourt (CPL §460.70) two transcripts of the stenographic minutes of anyproceedings pursuant to CPL §210.20, Arts. 710 and 730, and of theplea or trial and sentence. The Clerk shall furnish a copy of suchtranscripts to appellant's counsel, without charge, the transcripts tobe returned to this Court when appellant's brief is filed.

Steven Banks, Esq., 199 Water Street, 5th Floor, New York, NewYork 10038, Telephone No. 212-577 3688, is assigned as counsel fordefendant-appellant for purposes of the appeal. The time within whichappellant shall perfect this appeal is hereby enlarged until 120 daysfrom the date of filing of the record.

E N T

At a Term of the Appellate Division of the SupremeCourt held in and for the First Judicial Department inthe County of New York on February 8, 2011.

PRESENT - Hon. Luis A. Gonzalez,Peter TomAngela M. MazzarelliRichard T. AndriasDavid B. Saxe,

------------------------------------xThe People of the State of New York,

Respondent,

-against-

Lennie Frankline,Defendant-Appellant.

------------------------------------x

Presiding Justice,

Justices.

M-9Ind. No. 1/09

Defendant having moved for leave to prosecute, as a poor person,the appeal from a judgment of the Supreme Court, Bronx County,rendered on or about November I, 2010, for leave to have the appealheard upon the original record and a reproduced appellant's brief, andfor related relief,

Now, upon reading and filing the papers with respect to themotion, and due deliberation having been had thereon,

It is ordered that the motion is granted to the extent ofpermitting the appeal to be heard on the original record, except thata certified copy of the indictment(s) shall be substituted in place ofthe original indictment(s), and upon a reproduced appellant's brief,on condition that appellant serves one copy of such brief upon theDistrict Attorney of said county and files copies of such brief,together with the original record, pursuant to Rule 600.11 of theRules of this Court.

The court reporter shall promptly make and file with the criminalcourt (CPL §460.70) two transcripts of the stenographic minutes of anyproceedings pursuant to CPL §210.20, Arts. 710 and 730, and of theplea or trial and sentence. The Clerk shall furnish a copy of suchtranscripts to appellant's counsel, without charge, the transcripts tobe returned to this Court when appellant's brief is filed.

Steven Banks, Esq., 199 Water Street, 5th Floor, New York, NewYork 10038, Telephone No. 212-577-3688, is assigned as counsel fordefendant-appellant for purposes of the appeal. The time within whichappellant shall perfect this appeal is hereby enlarged until 120 daysfrom the date of filing of the record.

E N T E R:

~CLERK

At a Term of the Appellate Division of the SupremeCourt held in and for the First Judicial Department inthe County of New York on February 8, 2011.

PRESENT - Hon. Luis A. Gonzalez,Peter TomAngela M. MazzarelliRichard T. AndriasDavid B. Saxe,

------------------------------------xThe People of the State of New York,

Respondent,

-against-

Jorge Rivera,Defendant-Appellant.

------------------------------------x

Presiding Justice,

Justices.

M-10Ind. No. 4465/09

Defendant having moved for leave to prosecute, as a poor person,the appeal from a judgment of the Supreme Court, New York County,rendered on or about November 9, 2010, for leave to have the appealheard upon the original record and a reproduced appellant's brief, andfor related relief,

Now, upon reading and filing the papers with respect to themotion, and due deliberation having been had thereon,

It is ordered that the motion is granted to the extent ofpermitting the appeal to be heard on the original record, except thata certified copy of the indictment(s) shall be substituted in place ofthe original indictment(s), and upon a reproduced appellant's brief,on condition that appellant serves one copy of such brief upon theDistrict Attorney of said county and files copies of such brief,together with the original record, pursuant to Rule 600.11 of theRules of this Court.

The court reporter shall promptly make and file with the criminalcourt (CPL §460.70) two transcripts of the stenographic minutes of anyproceedings pursuant to CPL §210.20, Arts. 710 and 730, and of theplea or trial and sentence. The Clerk shall furnish a copy of suchtranscripts to appellant's counsel, without charge, the transcripts tobe returned to this Court when appellant's brief is filed.

Steven Banks, Esq., 199 Water Street, 5th Floor, New York, NewYork 10038, Telephone No. 212 577-3688, is assigned as counsel fordefendant-appellant for purposes of the appeal. The time within whichappellant shall perfect this appeal is hereby enlarged until 120 daysfrom the date of filing of the record.

E N T E R:

At a Term of the Appellate Division of the SupremeCourt held in and for the First Judicial Department inthe County of New York on February 8, 2011.

PRESENT Hon. Luis A. Gonzalez,Peter TomAngela M. MazzarelliRichard T. AndriasDavid B. Saxe,

Presiding Justice,

Justices.

------------------------------------xThe People of the State of New York,

Respondent,

-against-

Stuart R. Ross,Defendant-Appellant.

-----------------------------------x

M-37Ind. No. 5343/08

Defendant having moved for leave to prosecute, as a poor person,the appeal from a judgment of the Supreme Court, New York County,rendered on or about December 21, 2010, for leave to have the appealheard upon the original record and a reproduced appellant's brief, andfor related relief,

Now, upon reading and filing the papers with respect to themotion, and due deliberation having been had thereon,

It is ordered that the motion is granted to the extent ofpermitting the appeal to be heard on the original record, except thata certified copy of the indictment(s) shall be substituted in place ofthe original indictment(s), and upon a reproduced appellant's brief,on condition that appellant serves one copy of such brief upon theDistrict Attorney of said county and files copies of such brief,together with the original record, pursuant to Rule 600.11 of theRules of this Court.

The court reporter shall promptly make and file with the criminalcourt (CPL §460.70) two transcripts of the stenographic minutes of anyproceedings pursuant to CPL §210.20, Arts. 710 and 730, and of theplea or trial and sentence. The Clerk shall furnish a copy of suchtranscripts to appellant's counsel, without charge, the transcripts tobe returned to this Court when appellant's brief is filed.

Richard M. Greenberg, Esq., Office of the Appellate Defender,11 Park Place, Room 1601, New York, New York 10007, Telephone No.212-402-4100, is assigned as counsel for defendant-appellant forpurposes of the appeal. The time within which appellant shall perfectthis appeal is hereby enlarged until 120 days from the date of filingof the record.

E N T E R:

At a Term of the Appellate Division of the SupremeCourt held in and for the First Judicial Department inthe County of New York on February 8, 2011.

PRESENT - Hon. Luis A. Gonzalez,Peter TomAngela M. MazzarelliRichard T. AndriasDavid B. Saxe,

--------------------------------- --xThe People of the State of New York,

Respondent,

-against-

Michael Caines,Defendant-Appellant.

------------------------------------x

Presiding Justice,

Justices.

M-38Ind. No. 2425/10

Defendant having moved for leave to prosecute, as a poor person,the appeal from a judgment of the Supreme Court, New York County,rendered on or about November 9, 2010, for leave to have the appealheard upon the original record and a reproduced appellant's brief, andfor related relief,

Now, upon reading and filing the papers with respect to themotion, and due deliberation having been had thereon,

It is ordered that the motion is granted to the extent ofpermitting the appeal to be heard on the original record, except thata certified copy of the indictment(s) shall be substituted in place ofthe original indictment(s), and upon a reproduced appellant's brief,on condition that appellant serves one copy of such brief upon theDistrict Attorney of said county and files copies of such brief,together with the original record, pursuant to Rule 600.11 of theRules of this Court.

The court reporter shall promptly make and file with the criminalcourt (CPL §460.70) two transcripts of the stenographic minutes of anyproceedings pursuant to CPL §210.20, Arts. 710 and 730, of the plea ortrial and sentence. The Clerk shall furnish a copy of suchtranscripts to appellant's counsel, without charge, the transcripts tobe returned to this Court when appellant's brief is filed.

Robert S. Dean, Esq., Center for Appellate Litigation,74 Trinity Place, 11th Floor, New York, New York 10006, Telephone No.212-577-2523, is assigned as counsel for defendant-appellant forpurposes of the appeal. The time within which appellant shall perfectthis appeal is hereby enlarged until 120 days from the date of filingof the record.

E N T E R:

At a Term of the Appellate Division of the SupremeCourt held in and for the First Judicial Department inthe County of New York on February 8, 2011.

PRESENT - Hon. Luis A. Gonzalez,Peter TomAngela M. MazzarelliRichard T. AndriasDavid B. Saxe,

---- -- --------------- -------xThe People of the State of New York,

Respondent,

-against-

Victor Hurt,Defendant-Appellant.

------------------------------------x

Presiding Justice,

Justices.

M-39Ind. No. 230/10

Defendant having moved for leave to prosecute, as a poor person,the appeal from a judgment of the Supreme Court, New York County,rendered on or about November 10, 2010, for leave to have the appealheard upon the original record and a reproduced appellant's brief, andfor related relief,

Now, upon reading and filing the papers with respect to themotion, and due deliberation having been had thereon,

It is ordered that the motion is granted to the extent ofpermitting the appeal to be heard on the original record, except thata certified copy of the indictment(s) shall be substituted in place ofthe original indictment(s), and upon a reproduced appellant's brief,on condition that appellant serves one copy of such brief upon theDistrict Attorney of said county and files copies of such brief,together with the original record, pursuant to Rule 600.11 of theRules of this Court.

The court reporter shall promptly make and file with the criminalcourt (CPL §460.70) two transcripts of the stenographic minutes of anyproceedings pursuant to CPL §210.20, Arts. 710 and 730, of the plea ortrial and sentence. The Clerk shall furnish a copy of suchtranscripts to appellant's counsel, without charge, the transcripts tobe returned to this Court when appellant's brief is filed.

Robert S. Dean, Esq., Center for Appellate Litigation,74 Trinity Place, 11th Floor, New York, New York 10006, Telephone No.212-577-2523, is assigned as counsel for defendant-appellant forpurposes of the appeal. The time within which appellant shall perfectthis appeal is hereby enlarged until 120 days from the date of filingof the record.

E N T E R:

At a Term of the Appellate Division of the SupremeCourt held in and for the First Judicial Department inthe County of New York on February 8, 2011.

PRESENT - Hon. Luis A. Gonzalez,Peter TomAngela M. MazzarelliRichard T. AndriasDavid B. Saxe,

------------------------ -----------xThe People of the State of New York,

Respondent,

-against-

Eddie Colon,Defendant-Appellant.

------------------------------------x

Presiding Justice,

Justices.

M-51Ind. No. 4465/09

Defendant having moved for leave to prosecute, as a poor person,the appeal from a judgment of the Supreme Court, New York County,rendered on or about November 9, 2010, for leave to have the appealheard upon the original record and a reproduced appellant's brief, andfor related relief,

Now, upon reading and filing the papers with respect to themotion, and due deliberation having been had thereon,

It is ordered that the motion is granted to the extent ofpermitting the appeal to be heard on the original record, except thata certified copy of the indictment(s) shall be substituted in place ofthe original indictment(s), and upon a reproduced appellant's brief,on condition that appellant serves one copy of such brief upon theDistrict Attorney of said county and files copies of such brief,together with the original record, pursuant to Rule 600.11 of theRules of this Court.

The court reporter shall promptly make and file with the criminalcourt (CPL §460.70) two transcripts of the stenographic minutes of anyproceedings pursuant to CPL §210.20, Arts. 710 and 730, and of theplea or trial and sentence. The Clerk shall furnish a copy of suchtranscripts to appellant's counsel, without charge, the transcripts tobe returned to this Court when appellant's brief is filed.

Richard M. Greenberg, Esq., Office of the Appellate Defender,11 Park Place, Room 1601, New York, New York 10007, Telephone No.212-402-4100, is assigned as counsel for defendant-appellant forpurposes of the appeal. The time within which appellant shall perfectthis appeal is hereby enlarged until 120 days from the date of filingof the record.

E N T E R:

At a Term of the Appellate Division of the SupremeCourt held in and for the First Judicial Department inthe County of New York on February 8, 2011.

Present - Hon. Luis A. Gonzalez,Peter Tom

-David B. SaxeJames M. CattersonRolando T. Acosta,

------------- ------------------------x

The People of the State of New York,

Respondent,

-against-

Richard McDaniel,

Defendant-Appellant.

---------------------------------------x

Presiding Justice,

Justices.

M-5986Ind. No. 3668/09

Defendant having moved for leave to prosecute, as a poorperson, the appeal from the judgment of the Supreme Court, NewYork County, rendered on or about October 5, 2010, for leave tohave the appeal heard on the original record and upon areproduced appellant's brief, and for related relief,

Now, upon reading and filing the papers with respect to themotion, and due deliberation having been had thereon,

It is ordered that the motion is denied, with leave to renewupon defendant's submission of a detailed notarized affidavit,pursuant to CPLR 1101(a), setting forth facts sufficient toestablish that defendant has no funds or assets with which toprosecute the appeal, including the amount and sources of hisincome and listing his property with its value. (The applicationshall include an affidavit of the source[s] of all funds utilizedby defendant.)

E N T E R:

~CLERK

\

At a Term of the Appellate Division of the SupremeCourt held in and for the First Judicial Department inthe County of New York on February 8, 2011.

Present: Hon. Luis A. Gonzalez,Angela M. MazzarelliKarla MoskowitzRolando T. AcostaNelson S. Roman,

------------- - ----------------------XIn the Matter of Elliott Claiborne,

Petitioner-Appellant,

For a Judgment Pursuant to Article 78of the Civil Practice Law and Rules,

-against-

M.T.A./D.O.T. and NYC Commission onHuman Rights Law Enforcement Bureau,

Respondents-Respondents.---------------------------------------x

Presiding Justice,

Justices.

M-6098Index No. 401337/09

Petitioner-appellant having renewed his motion for leaveto prosecute, as a poor person, the appeal from the order of theSupreme Court, New York County, entered on or about January 15,2010, for leave to have the appeal heard on the original recordand upon a reproduced appellant's brief, and for related relief,

Now, upon reading and filing the papers with respect to themotion, and due deliberation having been had thereon,

It is ordered that the motion is denied, with leave torenew upon submission of a detailed notarized affidavit, pursuantto CPLR 1101(a), setting forth the merits of the appeal, andincluding Federal Income Tax returns for the years 2008 and 2009,and presenting documentary proof of petitioner's disability andhis daughter's disability. Sua sponte, the time to perfect theaforesaid appeal is enlarged to the September 2011 Term.

ENTER:

At a Term of the Appellate Division of the SupremeCourt held in and for the First Judicial Departmentin the County of New York on February 8, 2011.

Present: Hon. Luis A. Gonzalez,Angela M. MazzarelliKarla MoskowitzRolando T. AcostaNelson S. Roman,

-------- -----------------------------xIn the Matter of a Support ProceedingUnder Article 4 of the Family CourtAct.

Barbara Anne J.,Petitioner-Respondent,

-against-

James Earl J.,Respondent-Appellant.

Steven Banks, Esq.,Attorney for the Child.

---x

Presiding Justice,

Justices.

M-6109Docket No. F389-0S/09G

Respondent-appellant having moved for leave to prosecute,as a poor person, the appeal from the order of the Family Court,County, entered on or about April 2, 2010, and for assignment ofcounsel, a free copy of the transcript, and related relief,

Now, upon reading and filing the papers with respect to themotion, and due deliberation having been had thereon, it is

Ordered that the motion is denied, with leave to renew uponsubmission of a detailed notarized affidavit, pursuant to CPLR1101(a), setting forth facts sufficient to establish thatrespondent-appellant has no funds or assets with which toprosecute appeal.

ENTER:

At a Term of the Appellate Division of the SupremeCourt held in and for the First Judicial Department inthe County of New York on February 8, 2011.

Present - Hon. Luis A. Gonzalez,John W. Sweeny, Jr.Rolando T. AcostaHelen E. FreedmanSheila Abdus-Salaam,

--------------x

In the Matter of

Kelvin V.,

A Person Alleged to be a JuvenileDelinquent,

Respondent-Appellant.

-------------------------------------x

Presiding Justice,

Justices.

M-6232Docket. No. D4130/10

Appellant having moved for an enlargement of time inwhich to perfect the appeal from the judgment of the FamilyCourt, New York County, rendered on or about March 16, 2010,

Now, upon reading and filing the papers with respect tothe motion, and due deliberation having been had thereon,

It is ordered that the motion is granted to the extentof enlarging the time in which to perfect the appeal to the June2011 Term.

E N T E R:

At a Term of the Appellate Division of the SupremeCourt held in and for the First Judicial Department inthe County of New York on February 8, 2011.

PRESENT - Hon. Peter Tom,Angela M. MazzarelliDavid FriedmanDianne T. RenwickLeland G. DeGrasse,

-------------------xIn the Matter of

Maddex Manuel M., andTrinity Ann M.,

Dependent Children Under 18 Years ofAge Alleged to be Abused and/orNeglected Under Article 10 of theFamily Court Act.

Administration for Children's Services,Petitioner-Respondent,

Joanna P. S.,Respondent-Appellant.

Steven Banks, Esq., The Legal AidSociety, Juvenile Rights Division,

Attorney for the Children.---x

Justice Presiding,

Justices.

M 6199Docket Nos. NN25265-6/10

Respondent-appellant mother having moved for leave toprosecute, as a poor person, the appeal from an order of theFamily Court, New York County, entered on or about November 12,2010, and for assignment of counsel, a free copy of thetranscript, and for related relief,

Now, upon reading and filing the papers with respect tothe motion, and due deliberation having been had thereon, it is

Ordered that the motion is granted to the extent of(1) assigning, pursuant to Article 18b of the County Law and§1120 of the Family Court Act, Steven N. Feinman, Esq., 19 CourtPlaza, Suite 201, White Plains, New York 10601/ Telephone No.(914) 949 8214, as counsel for purposes of prosecuting theappeal; (2) directing the Clerk of said Family Court to havetranscribed the minutes of the proceedings held therein, forinclusion in the record on appeal, the cost thereof to be charged

(M-6199) -2- February 8, 2011

against the City of New York from funds available therefor1

within 30 days (FCA 1121[7]) of service of a copy of this orderupon the Clerkj (3) permitting appellant to dispense with any feefor the transfer of the record from the Family Court to thisCourt. The Clerk of the Family Court shall transfer the recordupon receipt of this order; and (4) appellant is directed toperfect this appeal, in compliance with Rule 600.11 of the Rulesof this Court, within 60 days of receipt of the transcripts.Assigned counsel is directed to immediately serve a copy of thisorder upon the Clerk of the Family Court.

E N T E R:

lService of appellant's brief upon respondent(s) shall includeassigned counsel's copy of the transcript.

At a Term of the Appellate Division of the SupremeCourt held in and for the First Judicial Department inthe County of New York on February 8, 2011.

PRESENT - Hon. Peter Tom,Angela M. MazzarelliDavid FriedmanDianne T. RenwickLeland G. DeGrasse,

------------------------------------xIn the Matter of a Paternity ProceedingUnder Article 5 of the Family Court Act.

Commissioner of Social Services,on behalf of Elizabeth S.,

Petitioners Respondents,

-against-

Julio J.,Respondent-Appellant.

----------------------- ------------x

Justice Presiding,

Justices.

M-6216Docket No. P20507/10

Respondent-appellant having moved for leave toprosecute, as a poor person, the appeal from an order of theFamily Court, New York County, entered on or about November 8,2010, and for assignment of counsel, a free copy of thetranscript, and for related relief,

Now, upon reading and filing the papers with respect tothe motion, and due deliberation having been had thereon, it is

Ordered that the motion is granted to the extent of(1) assigning, pursuant to Article 18b of the County Law and§1120 of the Family Court Act, George E. Reed Jr., Esq., 222Mamaroneck Ave., White Plains, New York 10605, Telephone No.(914) 946-5000, as counsel for purposes of prosecuting theappeal; (2) directing the Clerk of said Family Court to havetranscribed the minutes of the proceedings held therein, forinclusion in the record on appeal, the cost thereof to be chargedagainst the City of New York from funds available therefor1

within 30 days (FCA 1121[7]) of service of a copy of this order

lService of appellant's brief upon respondent(s) shall includeassigned counsel's copy of the transcript.

(M-6216) -2- February 8, 2011

upon the Clerkj (3) permitting appellant to dispense with any feefor the transfer of the record from the Family Court to thisCourt. The Clerk of the Family Court shall transfer the recordupon receipt of this order; and (4) appellant is directed toperfect this appeal, in compliance with Rule 600.11 of the Rulesof this Court, within 60 days of receipt of the transcripts.Assigned counsel is directed to immediately serve a copy of thisorder upon the Clerk of the Family Court.

E N T E R:

At a Term of the Appellate Division of the SupremeCourt held in and for the First Judicial Department inthe County of New York on February 8, 2011.

PRESENT - Hon. Peter Tom,Angela M. MazzarelliDavid FriedmanDianne T. RenwickLeland G. DeGrasse,

------------------------~-----x

In the Matter of a Proceeding forCustody and/or Visitation UnderArticle 6 of the Family Court Act.

Evangeline R.,Petitioner-Appellant,

-against-

Johnathan R., and Jasmine S.,Respondents-Respondents.

---------------------------------------x

Justice Presiding,

Justices.

M-6224Docket No. V17585/10

Petitioner-appellant having moved for leave toprosecute, as a poor person, the appeal from an order of theFamily Court, New York County, entered on or about October 14,2010, and for assignment of counsel, a free copy of thetranscript, and for related relief,

Now, upon reading and filing the papers with respect tothe motion, and due deliberation having been had thereon, it is

Ordered that the motion is granted to the extent of(1) assigning, pursuant to Article 18b of the County Law and§1120 of the Family Court Act, Daniel R. Katz, Esq., 339 West88 th Street, Apt. No.3, New York, New York 10024, Telephone No.(212) 579-5719, as counsel for purposes of prosecuting theappeal; (2) directing the Clerk of said Family Court to havetranscribed the minutes of the proceedings held therein, forinclusion in the record on appeal, the cost thereof to be charged

(M-6224) -2- February 8, 2011

against the City of New York from funds available therefor1

within 30 days (FCA 1121[7]) of service of a copy of this orderupon the Clerk; (3) permitting appellant to dispense with any feefor the transfer of the record from the Family Court to thisCourt. The Clerk of the Family Court shall transfer the recordupon receipt of this order; and (4) appellant is directed toperfect this appeal, in compliance with Rule 600.11 of the Rulesof this Court, within 60 days of receipt of the transcripts.Assigned counsel is directed to immediately serve a copy of thisorder upon the Clerk of the Family Court.

E N T E R:

lService of appellant's brief upon respondent(s) shall includeassigned counsel's copy of the transcript.

At a Term of the Appellate Division of the SupremeCourt held in and for the First Judicial Department inthe County of New York on February 8, 2011.

PRESENT Hon. Peter Tom,Angela M. MazzarelliDavid FriedmanDianne T. RenwickLeland G. DeGrasse,

Justice Presiding,

Justices.

-----------------------------------x

In the Matter of a Paternity ProceedingUnder Article 5 of the Family Court Act.

David G.,

Petitioner-Appellant,

Maribel G.,

Respondent-Respondent.

------------------- ------------------x

M-6239Docket No. P17829/09

Petitioner-appellant having moved for leave toprosecute, as a poor person, the appeal from an order of theFamily Court, New York County, entered on or about July 22, 2010,and for assignment of counsel, a free copy of the transcript, andfor related relief,

Now, upon reading and filing the papers with respect tothe motion, and due deliberation having been had thereon, it is

Ordered that the motion is granted to the extent of(1) assigning, pursuant to Article 18b of the County Law and§1120 of the Family Court Act, Steven N. Feinman, Esq., 19 CourtPlaza, Suite 201, White Plains, New York 10601, Telephone No.(914) 949-8214, as counsel for purposes of prosecuting theappeal; (2) directing the Clerk of said Family Court to havetranscribed the minutes of the proceedings held therein, forinclusion in the record on appeal, the cost thereof to be charged

(M-6239) -2- February 8, 2011

against the City of New York from funds available therefor1

within 30 days (FCA 1121[7]) of service of a copy of this orderupon the Clerk; (3) permitting appellant to dispense with any feefor the transfer of the record from the Family Court to thisCourt. The Clerk of the Family Court shall transfer the recordupon receipt of this order; and (4) appellant is directed toperfect this appeal, in compliance with Rule 600.11 of the Rulesof this Court, within 60 days of receipt of the transcripts.Assigned counsel is directed to immediately serve a copy of thisorder upon the Clerk of the Family Court.

E N T E R:

lService of appellant's brief upon respondent(s) shall includeassigned counsel's copy of the transcript.

At a Term of the Appellate Division of the SupremeCourt held in and for the First Judicial Department inthe County of New York on February 8, 2011.

PRESENT: Hon. Peter Tom,Angela M. MazzarelliDianne T. RenwickHelen E. FreedmanSallie Manzanet-Daniels,

-------------------- -------xUnited States Fidelity and GuarantyCompany, et al.,

Plaintiffs-Respondents,

-against-

American Re-Insurance Company, et al.,Defendants-Appellants.

--------------------------------- ------x

Justice Presiding,

Justices.

M-6269Index No. 604517/02

Separate appeals having been taken to this Court by defendants­appellants American Re-Insurance Company and Excess CasualtyReinsurance Company from orders of the Supreme Court, New York County,entered on or about August 20, 2010 (mot. seq. nos. 024 & 027) andjudgments of said Court entered on or about October 22, 2010 andOctober 25, 2010, respectively, and said appeals having been perfectedupon separate briefs and a joint appendix for the April 2011 Term,

And plaintiffs-respondents having moved for an orderconsolidating the aforesaid appeals; directing that appellants berepresented by one counsel at oral argument and permitted only 15minutes for argument time; for an extension of time for plaintiffs tofile a respondent's brief, and for related relief,

Now, upon reading and filing the papers with respect to themotion, and due deliberation having been had thereon,

It is ordered that the motion is granted to the extent ofpermitting appellants to prosecute the appeals upon the separatebriefs and joint appendix filed on January 3, 2011, without prejudiceto submission of a request by plaintiffs to the Clerk of the Courtseeking permission to file an over-sized respondent's brief and foradditional time for oral argument. The motion is otherwise denied asacademic said appeal having been perfected for the April 2011 Term.

ENTER:

At a Term of the Appellate Division of the SupremeCourt held in and for the First Judicial Department inthe County of New York on February 8, 2011.

PRESENT - Hon: Peter Tom,Angela M. MazzarelliDianne T. RenwickHelen E. FreedmanSallie Manzanet-Daniels,

------------------ ---------------------xUnited States Fidelity & Guaranty Company,et al.,

Plaintiffs-Respondents,

-against-

American Re-Insurance Company, et al.,Defendants-Appellants,

Reinsurance Association of America,Amicus Curiae.

-----x

Justice Presiding,

Justices.

M-78Index No. 604517/02

Appeals having been taken to this Court by defendants­appellants American Re-Insurance Company and Excess CasualtyReinsurance Company from orders of the Supreme Court, New YorkCounty, entered on or about August 20, 2010 (mot. seq. nos. 024 &027) and judgments of said Court entered on or about October 22,2010 and October 25, 2010, respectively, and said appeals havingbeen perfected for the April 2011 Term,

And Reinsurance Association of America having moved for anfor leave to file a brief amicus curiae with respect theaforesaid appeals,

Now, upon reading and filing the papers with respect to themotion, and due deliberation having been had thereon,

It is ordered that the motion is granted to the extent ofdirecting movant to immediately file 9 copies of the amicuscuriae brief with the Clerk of this Court.

ENTER:

At a Term of the Appellate Division of the SupremeCourt held in and for the First Judicial Department inthe County of New York on February 8, 2011.

Present - Hon. Peter Tom,Angela M. MazzarelliDavid FriedmanDiane T. RenwickLeland G. DeGrasse,

Justice Presiding,

Justices.

----------xRobert Nagel,

Plaintiff-Respondent,

-against-

Mette Nagel,

Defendant-Appellant.------------------------------------- -x

M-5969Index No. 3451/95

Defendant-appellant having moved for an enlargement of timein which to perfect the appeal from the order of the SupremeCourt, Bronx County, entered on or about January 11, 2010,

Now, upon reading and filing the papers with respect to themotion, and due deliberation having been had thereon!

It is ordered that the motion is granted to the extent ofenlarging the time in which to perfect the appeal to the June2011 Term.

ENTER:

At a Term of the Appellate Division of the SupremeCourt held in and for the First Judicial Department inthe County of New York on February 8, 2011.

Present: Hon. Peter Tom,Angela M. MazzarelliDianne T. RenwickHelen E. FreedmanSallie Manzanet-Daniels,

------------------------- - -----------xRosa Jones and Clarence Jones,

Plaintiffs-Appellants,

-against-

New York City Health and HospitalCorporation, et al.,

Defendants-Respondents.--------------------------------------x

Justice Presiding,

Justices.

M-5993Index No. 21844/03

Plaintiffs-appellants having moved for furtherenlargement of time in which to perfect the appeal from theorder of the Supreme Court, Bronx County, entered on or aboutOctober 9, 2009,

Now, upon reading and filing the papers with respect tothe motion, and due deliberation having been had thereon,

It is ordered that the motion is granted to the extentof enlarging the time in which to perfect the appeal to the June2011 Term, with no further enlargements to be granted.

E N T E R:

At a Term of the Appellate Division of the SupremeCourt held in and for the First Judicial Departmentin the County of New York on February 8, 2011.

Present - Hon. Peter Tom,Angela M. MazzarelliDavid FriedmanDiane T. RenwickLeland G. DeGrasse,

-------------------------------------xIn the Matter of the Application ofThe City of New York, et al.,

Petitioners,

For a Judgment and Order, etc.,

-against-

The Board of Certification of theOffice of Collective Bargaining ofthe City of New York, etc., et al.,

Respondents.-------------------------------------x

Justice Presiding,

Justices.

M-6259Index No. 400464/07

An Article 78 proceeding to review a determination ofrespondents having been transferred to this Court, pursuant toCPLR 7804(g), by order of the Supreme Court, New York County,entered on or about April 7, 2010,

And petitioners having moved for an enlargement of timein which to perfect the proceeding,

Now, upon reading and filing the papers with respect tosaid motion, and due deliberation having been had thereon,

It is ordered that the motion is to the extent ofenlarging the time in which to perfect the proceeding to the June2011 Term.

ENTER:

At a Term of the Appellate Division of the SupremeCourt held in and for the First Judicial Department inthe County of New York on February 8, 2011.

PRESENT: Hon. Peter Tom,Angela M. MazzarelliDavid FriedmanDianne T. RenwickLeland G. DeGrasse,

-----------------------------------xNarcisa San Andres,

Plaintiff-Respondent,

-against-

1254 Sherman Avenue Corp. andDougert Management Corp.,

Defendants,

-and-

Eltech Industries, Inc.,Defendant-Appellant.

-----------------------------------x

Justice Presiding,

Justices.

M-6355Index No. 18006/05

Separate appeals having been taken to this Court fromorders of the Supreme Court, Bronx County, entered on or aboutNovember 2, 2009 and July 8, 2010, respectively,

And defendant-appellant having moved for an enlargement oftime in which to perfect the aforesaid appeals,

Now, upon reading and filing the papers with respect to themotion, and due deliberation having been had thereon,

It is ordered that the motion is granted to the extent ofenlarging the time in which to perfect the appeals, which aresua sponte consolidated, to on or before March 21, 2011 for theJune 2011 Term. Appellant is permitted to prosecute the appealsupon 9 copies of one record and one copy of appellants' pointscovering the aforesaid appeals. The parties' attention isdirected to 22 NYCRR §600.11.

E N T E R:

At a Term of the Appellate Division of the SupremeCourt held in and for the First Judicial Department inthe County of New York on February 8, 2011.

PRESENT: Hon. Peter Tom,Richard T. AndriasJohn W. Sweeny, Jr.Leland G. DeGrasseNelson S. Roman,

---xMark Moynahan,

Plaintiff-Appellant-Respondent,

-against-

Orient-Express Hotels Ltd.,Defendant-Respondent-Appellant,

Orient-Express Hotels Inc. andVenice Simplon-Orient-Express Inc.,

Defendants-Respondents,

John Does 1-5,Defendants.

----------------x

Justice Presiding,

Justices.

M-6101Index No. 600871/09

An appeal and cross appeal having been taken from the orderof the Supreme Court, New York County, entered on or aboutFebruary 4, 2010i and an appeal having been taken from thejudgment of said Court entered on or about February II, 2010,respectively,

And defendant-respondent-appellant, Orient-Express HotelsLtd., having moved for an enlargement of time in which to perfectits cross appeal from the order entered on or about February 4,2010,

Now, upon reading and filing the papers with respect to themotion, and due deliberation having been had thereon,

It is ordered that the motion is granted to the extent ofenlarging the time in which to perfect the cross appeal to theJune 2011 Term. (See M-5442, decided simultaneously herewith.)

E N T E R:

At a Term of the Appellate Division of the SupremeCourt held in and for the First Judicial Department inthe County of New York on February 8, 2011.

PRESENT: Hon. Peter Tom,Richard T. AndriasJohn W. Sweeny, Jr.Leland G. DeGrasseNelson S. Roman,

------------------------------------xMark Moynahan,

Plaintiff-Appellant-Respondent,

-against-

Orient-Express Hotels Ltd.,Defendant-Respondent-Appellant,

Orient-Express Hotels Inc. andVenice Simplon-Orient-Express Inc.,

Defendants-Respondents,

John Does 1-5,Defendants.

---------------------------------------x

Justice Presiding,

Justices.

M-5442Index No. 600871/09

An appeal and cross appeal having been taken from the orderof the Supreme Court, New York County, entered on or aboutFebruary 4, 2010; and an appeal having been taken from thejudgment of said Court entered on or about February 11, 2010,respectively,

And Aaron Richard Golub, Esq., having moved to withdraw ascounsel of record for plaintiff and for an enlargement of time inwhich to perfect the appeals,

Now, upon reading and filing the papers with respect to themotion, and due deliberation having been had thereon, it is

Ordered that the motion is granted and Aaron Richard Golub,Esq. is permitted to withdraw as attorney of record forplaintiff. The time to perfect the aforesaid appeals is enlargedto the June 2011 Term. (See M-6101, decided simultaneouslyherewith.)

ENTER:

At a Term of the Appellate Division of the SupremeCourt held in and for the First Judicial Department inthe County of New York on February 8, 2011.

PRESENT: Hon. Peter Tom,Angela M. MazzarelliDavid FriedmanDianne T. RenwickLeland G. DeGrasse,

----------------------------------------xSamuel N. Goldstein, as Executor of theEstate of Miriam Goldstein, Deceasedand Samuel N. Goldstein, Individually,

Plaintiff-Appellant,

-against-

Wendy B. Silverstein, M.D.,

Defendant-Respondent.-------------- -------------------------x

Justice Presiding,

Justices.

M-6173Index No. 15576/00

Defendant-respondent having moved for dismissal of theappeal taken from the order of the Supreme Court, Bronx County,entered on or about July 8, 2010,

Now, upon reading and filing the papers with respect tothe motion, and due deliberation having been had thereon,

It is ordered that the motion is denied, and the appealis deemed taken from the judgment of the Supreme Court, BronxCounty, entered September 13, 2010.

ENTER:

At a Term of the Appellate Division of the SupremeCourt held in and for the First Judicial Department inthe County of New York on February 8, 2011.

PRESENT - Hon. Angela M. Mazzarelli,Richard T. AndriasDavid FriedmanJohn W. Sweeny, Jr.Karla Moskowitz,

------- -----------------------------XIn the Matter of

Ashley M. V.,Victor V., andIsaiah V.,

Dependent Children Under 18 Years ofAge Alleged to be Abused and/orNeglected Under Article 10 of theFamily Court Act.

Administration for Children'sServices,

Petitioner-Respondent,

Victor V.,Respondent-Appellant,

-and-

Crystalin V. ,Respondent.

Steven Banks, Esq., The Legal AidSociety, Juvenile Rights Division,

Attorney for the ChildAshley M. V.,

Kristin Kimmel, Esq., Lawyersfor Children,

Attorney for ChildrenVictor V., and Isaiah V.

-----------------------------------x

Justice Presiding,

Justices.

M-6151Docket Nos. NA50794-6/09

Respondent-appellant father having moved for leave toprosecute, as a poor person, the appeal from the orders of theFamily Court, New York County, entered on or about July 22, 2010and August 27, 2010, and for assignment of counsel, a free copyof the transcript, and for related relief,

DO NOT PRINT

(A

) ORDER IS

SUED

S

CROLL D

OWN TO V

IEW

(A) O

RDER

(M-6151) -2- February 8, 2011

Now, upon reading and filing the papers with respect tothe motion, and due deliberation having been had thereon, it is

Ordered that the motion is granted to the extent of(1) assigning, pursuant to Article 18b of the County Law and§1120 of the Family Court Act, John J. Marafino, Esq., 9 WestProspect Ave., Suite 409, Mount Vernon, New York 10550, TelephoneNo. (914) 663-1500, as counsel for purposes of prosecuting theappeali (2) directing the Clerk of said Family Court to havetranscribed the minutes of the proceedings held therein, forinclusion in the record on appeal, the cost thereof to be chargedagainst the City of New York from funds available therefor1

within 30 days (FCA 1121[7]) of service of a copy of this orderupon the C1erki (3) permitting appellant to dispense with any feefor the transfer of the record from the Family Court to thisCourt. The Clerk of the Family Court shall transfer the recordupon receipt of this order; and (4) appellant is directed toperfect this appeal, in compliance with Rule 600.11 of the Rulesof this Court, within 60 days of receipt of the transcripts.Assigned counsel is directed to immediately serve a copy of thisorder upon the Clerk of the Family Cour't.

E N T E R:

lService of appellant's brief upon respondent(s) shall includeassigned counsel's copy of the transcript.

DO NOT PRINT

(A

) ORDER IS

SUED

S

CROLL D

OWN TO V

IEW

(A) O

RDER

At a Term of the Appellate Division of the SupremeCourt held in and for the First Judicial Department inthe County of New York on October 9, 2012.

Present: Hon. Angela M. Mazzarelli, Justice Presiding, Richard T. Andrias David Friedman John W. Sweeny, Jr., Karla Moskowitz, Justices. --------------------------------------XIn the Matter of

Ashley M. V.,Victor V., andIsaiah V.,

Dependent Children Under 18 Years of Age Alleged to be Abused and/orNeglected Under Article 10 of theFamily Court Act. - - - - - - - - - - - - - - - Administration for Children’sServices, M-6151A

Petitioner-Respondent, Docket Nos. NA50794-6/09

Victor V.,Respondent-Appellant,

-and-

Crystalin V.,Respondent.

- - - - - - - - - - - - - - -Steven Banks, Esq., The Legal AidSociety, Juvenile Rights Division, Attorney for the Child,

Ashley M. V.,

Kristin Kimmel, Esq., Lawyers for Children, Attorney for the Children,

Victor V., and Isaiah V.--------------------------------------X

(M-6151A) -2- October 9, 2012

An order of this Court having been entered on February 8, 2011 (M-6151) assigning John J. Marafino, Esq., as counsel toprosecute respondent-appellant’s appeal from orders of the FamilyCourt, New York County, entered on or about July 22, 2010 and August 27, 2010,

Now, upon the Court's own motion, it is Ordered that the designation of John J. Marafino, Esq., is stricken as counsel to prosecute appellant's appeal, and,pursuant to Section 722 of the County Law, Randall Carmel, Esq.,53 Jackson Avenue, Syosset, NY 11791, Telephone No. (516) 921-8800, is substituted as such counsel. The poor person reliefpreviously granted is continued, and appellant's time in which to perfect the appeal is enlarged until 120 days from the date of this order or the filing of the record, whichever is later. The order of this Court entered on February 8, 2011 (M-6151) ishereby recalled and vacated.

ENTER:

_____________________ CLERK

\

At a Term of the Appellate Division of the SupremeCourt held in and for the First Judicial Department inthe County of New York on February 8, 2011.

Present: Hon. Angela M. Mazzarelli,Richard T. AndriasDavid FriedmanJohn W. Sweeny, Jr.Karla Moskowitz,

------ -----------------------------xCharles Udoh,

Plaintiff-Appellant,

against-

Inwood Gardens, Inc., et al.,Defendants-Respondents.

--------------------------------------x

Justice Presiding,

Justices.

M-6117Index No. 126690/02

Plaintiff-appellant pro se having renewed his motionfor leave to prosecute, as a poor person, the appeal from thejudgment of the Supreme Court, New York County, entered on orabout December 10, 2010, for leave to have the appeal heard uponthe original record and upon a reproduced appellant's brief, andfor other relief,

Now, upon reading and filing the papers with respect to themotion, and due deliberation having been had thereon,

It is ordered that the motion is granted to the extent ofpermitting the appeal to be heard upon the original record andupon a reproduced appellant's brief, on condition that appellantserves one copy of such brief upon the attorney for respondentand file 8 copies of such brief, together with the originalrecord, with this Court. Appellant is permitted to dispense withpayment of the required fee for the subpoena and filing of therecord.

ENTER:

At a Term of the Appellate Division of the SupremeCourt held in and for the First Judicial Department inthe County of New York on February 8, 2011.

Present: Hon. Angela M. Mazzarelli,David FriedmanJames M. CattersonSallie Manzanet-DanielsNelson S. Roman,

--xJack Benishai and BMC LLC,

Petitioners-Respondents,

-against-

David Benishai,Respondent-Appellant.

Robert D. Garson, et al.,Non-Party Respondents.

- --x

Justice Presiding,

Justices.

M-132Index No. 105669/10

An appeal having been taken from the order and judgment(one paper) of the Supreme Court, New York County, entered on orabout September 29, 2010 (mot. seq. no. 001, 002, 003),

And respondent-appellant having moved for an orderstriking certain portions of petitioners-respondents' brief asdehors the record on appeal,

Now, upon reading and filing the papers with respect tothe motion, and due deliberation having been had thereon, it is

Ordered that the motion is denied, without prejudice toaddressing the issue directly on appeal.

ENTER:

At a Term of the Appellate Division of the SupremeCourt held in and for the First Judicial Department inthe County of New York on February 8, 2011.

Present: Hon. Angela M. Mazzarelli,David B. SaxeLeland G. DeGrasseSallie Manzanet-Daniels,

---------------------------------------xThe People of the State of New York,

-against-

Carlos Ramos, also known as GaryThomas,

Defendant.---------------------------------------x

Justice Presiding,

Justices.

M-6015Ind. No. 3352/84

An order of this Court having been entered on July 17, 1986(M-2953), dismissing defendant's appeal taken from the judgmentof the Supreme Court, Bronx County, rendered on or about June 6,1985,

And an order of this Court having been entered on August 17,2010 (M-2479), denying defendant's motion for reinstatement ofhis appeal,

And defendant having renewed his motion for reinstatementof his appeal and, upon reinstatement, for poor person relief,

Now, upon reading and filing the papers with respect to themotion, and due deliberation having been had thereon, it is

Ordered that the motion is denied.

ENTER:

(

At a Term of the Appellate Division of the SupremeCourt held in and for the First Judicial Department inthe County of New York on February 8, 2011.

Present Hon. Richard T. Andrias,David FriedmanJames M. CattersonDianne T. RenwickLeland G. DeGrasse,

Justice Presiding,

Justices.

---------------------------------------xThe People of the State of New York,

Respondent,

against-

Walter Cates, Sr., also known asWalter Johnson,

Defendant-Appellant.---------------------------------------x

M-5920Ind. No. 4596/06

Defendant-appellant having moved for leave to file apro se supplemental brief in connection with an appeal from ajudgment of the Supreme Court, Bronx County, rendered on or aboutJune 10, 2009, for a copy of the trial transcripts and for anenlargement of time in which to file said pro se supplementalbrief, or for alternative relief,

Now, upon reading and filing the papers with respect tothe motion, and due deliberation having been had thereon,

It is ordered that the motion is granted to the extentof directing defendant to serve and file 8 copies of his pro sesupplemental brief on or before March 21, 2011 for the June 2011Term, to which Term the appeal is adjourned. The Clerk of theCourt is directed to forward to the Warden at the Statecorrectional facility wherein defendant is incarcerated atranscript of the minutes relating to defendant's appeal, saidtranscript to be made available to appellant and returned byappellant to this Court when submitting the pro se supplementalbrief hereto. The appeal will not be heard unless and until allmaterial furnished to appellant has been returned. The motion isotherwise denied.

E N T E R:

At a Term of the Appellate Division of the SupremeCourt held in and for the First Judicial Department inthe County of New York on February 8, 2011.

PRESENT: Hon. David B. Saxe,Karla MoskowitzRosalyn H. RichterSallie Manzanet-DanielsNelson S. Roman,

-------------------------------------xOdilon Pedro Aguilar Acuna,

Plaintiff-Appellant-Respondent,

-against-

J & Q Contracting Corp.,Defendant-Respondent-Appellant,

Birchwood Apartment Owners, Corp.,et al.,

Defendants-Respondents.------ ------ - - -- ---------------x(And a third-party action)-------------------------------------x

Justice Presiding,

Justices.

M 6062M-6060

Index No. 21998/04

An appeal and cross appeal having been taken to thisCourt from the order of the Supreme Court, Bronx County, enteredon or about January 25, 2010,

And plaintiff-appellant-respondent having moved(M-6062) for an enlargement of time in which to perfect thedirect appeal,

And defendant-respondent appellant, J & Q ContractingCorp., having cross-moved (M-6060) for an enlargement of time toperfect the cross appeal,

Now, upon reading and filing the papers with respect tothe motion and cross motion, and due deliberation having been hadthereon,

It is ordered that the motion and cross motion aregranted to the extent of enlarging the time in which to perfectthe appeal and cross appeal to the June 2011 Term.

ENTER:

At a Term of the Appellate Division of the SupremeCourt held in and for the First Judicial Department inthe County of New York on February 8, 2011.

Present - Hon. John W. Sweeny, Jr.,Karla MoskowitzLeland G. DeGrasseHelen E. FreedmanRosalyn H. Richter,

Justice Presiding,

Justices.

--------------- ---- -- ---- - ------xThe People of the State of New York,

Appellant,

-against-

Jose Figueroa,

Defendant-Respondent.---x

M-6332Ind. No. 3664/02

An appeal having been taken to this Court from an orderof the Supreme Court, New York County, entered on or aboutJanuary 15, 2010, and said appeal having been perfected,

And defendant-respondent having moved to dismiss theaforesaid appeal for lack of statutory authority,

Now, upon reading and filing the papers with respect to themotion, and due deliberation having been had thereon,

It is ordered that the motion is denied, without prejudiceto defendant-respondent raising the issue of lack of statutoryauthority issues in response to the appeal. The appeal isadjourned to the May 2011 Term.

ENTER:

SUPREME COURT OF THE STATE OF NEW YORKAPPELLATE DIVISION : FIRST DEPARTMENT

BEFORE: Hon. DAVID FRIEDMANJustice of the Appellate Division

-------------- -----------------------xThe People of the State of New York,

M-4072Ind. No. 8640/89

-against-

DeMariano Fagairo,Defendant.

------------------------------------------x

CERTIFICATEDENYING LEAVE

I, DAVID FRIEDMAN, a Justice of the Appellate Division,

First Judicial Department, do hereby certify that, upon

application timely made by the above-named defendant for a

certificate pursuant to Criminal Procedure Law, section 460.15,

and upon the record and proceedings herein, there is no question

of law or fact presented which ought to be reviewed by the

Appellate Division, First Judicial Department, and permission to

appeal from the Order of the Supreme Court, New York County,

entered on or about December 22, 2009, is hereby denied.

Dated: New York, New YorkJanuary 5, 2011

Entered~ February 8, 2011

DAVID FRIEDMANJustice of the Appellate Division

SUPREME COURT OF THE STATE OF NEW YORKAPPELLATE DIVISION : FIRST DEPARTMENT

BEFORE: Hon. DAVID FRIEDMANJustice of the Appellate Division

--------------------------------------xThe People of the State of New York,

M-5589Ind. No. 5298/03

-against-

Jonathan Rodriguez,Defendant.

------------------------------------------x

CERTIFICATEDENYING LEAVE

I, DAVID FRIEDMAN, a Justice of the Appellate Division,

First Judicial Department, do hereby certify that, upon

application timely made by the above-named defendant for a

certificate pursuant to Criminal Procedure Law, section 460.15,

and upon the record and proceedings herein, there is no question

of law or fact presented which ought to be reviewed by the

Appellate Division, First Judicial Department, and permission to

appeal from the Order of the Supreme Court, New York County,

entered on or about July 21, 2010, is hereby denied.

Entered: February 8, 2011

Dated: New York, New YorkJanuary 6, 2011

()l

~I ?I/i·~J1_&LL+-_ ~D VID FRIEDM NJustice of the Appellate Division

SUPREME COURT OF THE STATE OF NEW YORKAPPELLATE DIVISION : FIRST DEPARTMENT

BEFORE: Hon. JAMES M. MCGUIREJustice of the Appellate Division

----------------------------------------xThe People of the State of New York,

Respondent,M-5

Ind. No. 5455/07

-against- CERTIFICATEGRANTING LEAVE TO APPEALTO THE COURT OF APPEALS

SERGIO RODRIGUEZ,Defendant-Appellant.

----------------------------------------xI, JAMES M. MCGUIRE, a Justice of the Appellate Division,

Supreme Court, First Department, do hereby certify that in therecord and proceedings herein* questions of law are involved whichought to be reviewed by the Court of Appeals and pursuant to CPL460.20, it is

ORDERED that permission hereby is granted to the above-namedappellant to appeal to the Court of Appeals.

Dated:

ENTERED:

January 13, 2011New York, New York

February 8, 2011

*Description of Order:

Supreme Court, New York County, entered on October 15, 2008.App. Div., First Dept., Appeal No. 2671, mod on December 28, 2010.

Notice: Within 10 days from the issuance of this certificate,a preliminary appeal statement must be filed with theClerk of the Court of Appeals pursuant to Rule 500.9of the Court of Appeals Rules.

\

SUPREME COURT OF THE STATE OF NEW YORKAPPELLATE DIVISION : FIRST JUDICIAL DEPARTMENT

BEFORE: Hon. Rolando T. AcostaJustice of the Appellate Division

------------------------------------------xThe People of the State of New York,

M - 5807Ind. No. 534/97

-against-

Brad McPherson,

Defendant.------------------------------------------x

CERTIFICATEDENYING LEAVE

I, Rolando T. Acosta, a Justice of the Appellate Division,

First Judicial Department, do hereby certify that, upon

application made by the above-named defendant for a certificate

pursuant to Criminal Procedure Law, section 460.10, and upon the

record and proceedings herein, there being no question of law or

fact to be reviewed by the Appellate Division, First Judicial

Department, permission to appeal from the order of the Supreme

Court, New York County, entered on or about July 30, 2010, is

hereby denied.

Hon. Rolando T. AcostaAssociate Justice

Dated: January 14, 2011New York, New York

ENTERED: February 8, 2011

SUPREME COURT OF THE STATE OF NEW YORKAPPELLATE DIVISION : FIRST JUDICIAL DEPARTMENT

BEFORE: Hon. Rolando T. AcostaJustice of the Appellate Division

------------------------------------------xThe People of the State of New York,

M - 5906Doc. No. 67662C/07

-against-

Angel Sepa,

Defendant.------------------------------------------x

CERTIFICATEDENYING LEAVE

I, Rolando T. Acosta, a Justice of the Appellate Division,

First Judicial Department, do hereby certify that, upon

application timely made by the above-named defendant for a

certificate pursuant to Criminal Procedure Law, sections 450.15

and 460.15, and upon the record and proceedings herein, there is

no question of law or fact presented which ought to be reviewed

by the Appellate Division, First Judicial Department, and

permission to appeal from the order of the Supreme Court, Bronx

County, entered on or about October 29, 2010, is hereby denied.

Hon. Rolando T. AcostaAssociate Justice

Dated: January II, 2011New York, New York

ENTERED: February 8, 2011

PM ORDERS

ENTERED ON

FEBRUARY 8, 2011

At a Term of the Appellate Division of the SupremeCourt held in and for the First Judicial Department inthe County of New York on February 8, 2011.

PRESENT: Hon. Peter Tom, Justice Presiding, John W. Sweeny, Jr. Helen E. Freedman Rosalyn H. Richter Sheila Abdus-Salaam, Justices.

---------------------------------------XIn the Matter of the Application ofCecilia Gullas,

Petitioner-Appellant,

For a Judgment Pursuant to Article 78 M-5703of the CPLR, M-5750

M-5720 -against- Index No. 400303/0991

New York City Department of HousingPreservation and Development and RNAHouse, Inc.,

Respondents-Respondents.---------------------------------------X

An Article 78 proceeding to review a determination ofrespondents having been transferred to this Court, pursuant to CPLR 7804(g), by order of the Supreme Court, New York County, entered on or about July 24, 2009,

And petitioner-appellant pro se having moved (M-5720) for anenlargement of time in which to perfect the aforesaid proceeding; forleave to prosecute said proceeding as a poor person, for leave to havethe proceeding heard on the original record and upon reproducedappellant's brief and for related relief,

And respondent-respondent RNA House, Inc., having moved (M-5703) to dismiss the aforesaid proceeding for failure to timelyperfect,

And respondent-respondent Department of Housing Preservationand Development having separately moved (M-5750) for the same relief,

Now, upon reading and filing the papers with respect to themotion, and due deliberation having been had thereon,

(M-5703/M-5750/M-5720) -2- February 8, 2011

It is ordered that the motion (M-5720) is granted to theextent of enlarging the time in which to perfect said proceeding tothe June 2011 Term, with no further enlargements to be granted. Appella So much of the motion seeking poor person relief is granted tothe extent of directing the Clerk of Supreme Court, New York County,to have transcribed the minutes of the proceedings held therein, forinclusion in the record on appeal, with a copy to appellant, the costthereof to be charged against the City of New York from fundsavailable therefor. nt is advised that the appeal will not be heardunless and until all material furnished to him has been returned tothis Court. The motion is otherwise denied.

It is further ordered that the motions (M-5703/M-5750) todismiss said proceeding are granted unless the proceeding is perfectedfor the June 2011 Term. Upon failure to so perfect the respondentsmay move on notice to dismiss the proceeding.

ENTER:

Clerk