March 28, 2019 CASES. No. 13 The People &c., Respondent, v. Omar Alvarez, Appellant.

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1 CASES March 8, 09 No. Omar Alvarez, Order affirmed. Opinion by Judge Stein. Chief Judge DiFiore and Judges Fahey, Garcia and Feinman concur. Judge Rivera dissents in an opinion, in which Judge Wilson concurs in a separate dissenting opinion. 4 No. 5 In the Matter of Eastbrooke Condominium, &c., Elaine Ainsworth, &c. et al., (And Two Other Proceedings.) Order reversed, with costs, and matter remitted to Supreme Court, Monroe County, for further proceedings in accordance with the opinion herein. Opinion by Judge Fahey. Judges Rivera, Stein, Garcia and Wilson concur. Chief Judge DiFiore dissents and votes to affirm in an opinion in which Judge Feinman concurs. No. 0 Timothy Martin, Order affirmed, in a memorandum. Chief Judge DiFiore and Judges Rivera, Stein, Fahey, Garcia and Wilson concur. Judge Feinman took no part. No. 7 In the Matter of Save America's Clocks, Inc., et al., Respondents, City of New York, &c., et al., Appellants. Order reversed, with costs, and proceeding dismissed. Opinion by Judge Garcia. Judges Stein, Fahey and Feinman concur. Judge Rivera dissents and votes to affirm in an opinion in which Judge Wilson concurs. Chief Judge DiFiore took no part.

2 MOTIONS Mo. No Renwick Street, LLC, Lionbridge, LLC, Motion for leave to appeal dismissed upon the ground that the order sought to be appealed from does not finally determine the action within the meaning of the Constitution. Mo. No. 09- In the Matter of Keith Applewhite, New York State Board of Parole, Motion to dismiss appeal granted and appeal dismissed, without costs, upon the ground that the issues presented have become moot. Mo. No Books for Less, LLC, United National Insurance Company, Motion for leave to appeal dismissed upon the ground that the order sought to be appealed from does not finally determine the action within the meaning of the Constitution. Mo. No Andrew Carothers, M.D., P.C., &c., Progressive Insurance Company, Motion by New York State Department of Financial Services for leave to appear amicus curiae on the appeal herein granted only to the extent that the proposed brief is accepted as filed. Two copies of the brief must be served, an original and nine copies filed, and the brief submitted in digital format within seven days. Mo. No In the Matter of Darnell Credell, R. Hurt, &c., et al.,

3 Mo. No In the Matter of Gilberto Diaz, Patricia J. Bailey, et al., Mo. No Emel Dilek, Louis A. Russo, &c., David Rozenholc, et al., (And a Third-Party Action.) Judge Feinman took no part. Mo. No Maria L. Farias-Alvarez, &c., Interim Healthcare of Greater New York et al., Mo. No John Giuca, Motion by National Association of Criminal Defense Lawyers, et al. for leave to file a brief amici curiae on the appeal herein granted and the proposed brief is accepted as filed. Two copies of the brief must be served, an original and nine copies filed, and the brief submitted in digital format within seven days.

4 Mo. No John Giuca, Motion by Center on the Administration of Criminal Law at New York University School of Law for leave to appear amicus curiae on the appeal herein granted only to the extent that the proposed brief is accepted as filed. Two copies of the brief must be served, an original and nine copies filed, and the brief submitted in digital format within seven days. Mo. No In the Matter of Shawn Green, Michael Kirkpatrick, &c., (Index No ) Mo. No In the Matter of Shawn Green, Michael Kirkpatrick, &c., (Index No ) Mo. No Ralph Hankerson, Mo. No. 09- Willie Howell, 4

5 Mo. No In the Matter of Eileen Jordan et al., Respondents, New York City Housing Authority, Department of Citywide Administrative Services, Motion by City of New York for leave to file a brief amicus curiae on the appeal herein granted and the proposed brief is accepted as filed. Two copies of the brief must be served, an original and nine copies filed, and the brief submitted in digital format within seven days. 4 Mo. No In the Matter of Daniel K., et al. Motion for poor person relief dismissed as academic. Onondaga County Department of Children and Family Services, Respondent; Mildred K., Roger K., Mo. No Adam Kemp, Mo. No KM, &c. et al., Appellants, Fencers Club, Inc., et al., Defendant. 5

6 Mo. No. 09- Ashley Kozel, Todd Kozel, Defendant. Inga Kozel, Nonparty (App. Di Nos. 679N & M-58) Motion for reargument of motion for leave to appeal denied. Mo. No Ashley Kozel, Todd Kozel, Defendant. Inga Kozel, Nonparty (App. Di Nos N) Motion for reargument of motion for leave to appeal denied. Mo. No Javon Loney, Motion for assignment of counsel granted and Paul Skip Laisure, Esq., Appellate Advocates, John Street, 9th Floor, New York, NY 008 assigned as counsel to the appellant on the appeal herein. Mo. No In the Matter of Liquidation of Midland Ins. Co. Northern States Power Company, &c., Maria T. Vullo, &c., 6

7 Mo. No Nationstar Mortgage LLC, Agostino Accardo, et al., Defendants. Motion for a stay dismissed as academic. Mo. No In the Matter of the Claim of Rosalba Ormanian, Montauk Bus Service, Inc., Commissioner of Labor, Motion for leave to appeal dismissed upon the ground that the order sought to be appealed from does not finally determine the proceeding within the meaning of the Constitution. Mo. No Devrol Palmer, Motion for poor person relief dismissed as academic. Mo. No. 09- State of New York ex rel. Kristie Perkins, Cooke Center for Learning & Development, Inc., Mo. No In the Matter of Gary Segal, Five Star Electric Corporation et al., 7

8 Mo. No. 09- Elaine R. Spano et al., Appellants, Apogee Retail NY, LLC, &c., et al., Respondents, et al., Defendants. Mo. No In the Matter of Dennis Stavropoulos, William J. Bratton, &c. et al., Mo. No In the Matter of Marian T. Motion for leave to appeal granted. Lauren R. et al., Respondents; Marian T., Mo. No In the Matter of Injah Unique Tafari, Gregory Keller, &c., et al., (Index No ) In the Matter of Injah Unique Tafari, Anthony J. Annucci, &c., (Index No ) Motion, insofar as it seeks leave to appeal from the December 08 Appellate Division order, dismissed upon the ground that such order does not finally determine the proceedings within the meaning of the Constitution; motion for leave to appeal otherwise denied. 8

9 4 Mo. No In the Matter of the Eighth Judicial District Asbestos Litigation. Donald J. Terwilliger, &c., Beazer East, Inc., &c., et al., Defendants, Honeywell International, Inc., &c., Motion by Builders Exchange, Inc., et al. for leave to file a brief amici curiae on the appeal herein granted and the proposed brief is accepted as filed. Two copies of the brief must be served, an original and nine copies filed, and the brief submitted in digital format within seven days. Judge Garcia took no part. 9