Motion for Enlargement of Time in Donald R. Conn v. WCD/Bantam Mining, Inc. Appeal Board order entered December 31, 1997. Motion filed January 30, 1998.

2.

Michael Esposito
Grant [Until Feb. 13]
5-0

Motion for Enlargement of Time in Larry V. Gillispie v. WCD/ARB Mining, Inc. Appeal Board order entered December 31, 1997. Motion filed January 30, 1998.

3.

Robert J. Busse
No. 24619
Grant
5-0

Motion for Leave to File Respondent's Brief Out of Time in Sylvester Matthews v. WCD/Cannelton Industries, Inc., No. 24619, to be submitted 2/13/98. This brief is to replace the timely submitted letter brief.

4.

Russell S. Cook
No. 980129
Defer

Motion for Leave to File Petition for Appeal Out of Time in State v. Andrew R. Curry, No. 980129. The motion asserts that the delay was caused by reliance on the circuit court's order extending the appeal period.

5.

Kristin P. Halkias
No. 973024
Refuse
5-0

Motion for Leave to File Response Out of Time in Gary Quesinberry v. WCD/Monty Brothers Construction Co., No. 970324. The Appeal Board order was entered 11/16/97, and the petition for appeal was filed 12/24/98.

6.

Craig Lee Graft
Pro se
Defer

Motion for Extension of Time Period for Appeal in State v. Graft. The motion requests a 6-week extension.

7.

Joyce E. McConnell
No. 980091
Grant
3-2
(Davis, C.J. & McCuskey, J.)

Motion of W.V. Coalition Against Domestic Violence and the W.V. Chapter of the National Organization of Women to File as Amicus Curiae Brief in State v. Penny Gail Miller, No. 980091, filed 1/22/98. Because students from W.V.U. College of Law under counsel's supervision will prepare the brief, the motion requests permission to file the brief by 4/28/98.

8.

Garrett M. Jacobs
No. 973008
Refuse
5-0

Motion for Leave to File Response Out of Time in Albert T. Johnson v. WCD/Environmental Treatment Services, Inc., No. 973008. The appeal petition was filed on 12/24/97 and the response was filed on 1/26/98.

9.

Garrett M. Jacobs
No. 973000
Refuse
5-0

Motion for Leave to File Response Out of Time in Ronald Love v. WCD/GLR Constructors Co., No. 973000. The appeal petition was filed on 12/24/97 and the response was filed on 1/26/98.

10.

Henry C. Bowen
No. 24596
Refuse
5-0

Motion for Leave to File Response Out of Time in Doyle D. James v. WCD/Equitable Resources, Inc. et al., No. 24596, to be submitted 2/13/98. Because of a docketing mistake, the response, due 1/21/98, was not filed until 1/30/98.

11.

Ronald S. Rossi
No. 24651
Refuse
5-0

Motion to Strike Fugitive Document in Vance C. Largent, Jr. v. WCD/General Motors Corp., No. 24651, to be submitted 3/24/98. Counsel maintains the Appellant's Brief fails to argue the Appeal Board Order of 9/30/96.

12.

Belinda Morton
Grant
5-0

Motion for Leave to Extend the Appeal Period until 3/1/98 in Roderick Lusk v. WCD, Appeal Board Order dated 12/31/97. Counsel notes that the delay is caused by the lack of power in her Fayetteville office last week and the delay in receiving a hard copy of the claimant's file.

13.

Ancil G. Ramey
No. 24480
Defer

Motion to Dismiss Rule in Prohibition as Improvidently Awarded in State ex rel. The County Commission of McDowell County v. King, No. 24480, to be returned 3/24/98.

14.

James E. Smith, II
No. 24750
Refuse
3-2
(Starcher, J. & Maynard, J.)

Motion to Reconsider Motion for Stay in Healy v. W.V. Bd. of Medicine, No. 24750, to be submitted 5/5/98.

15.

Sudha A. Sharma
No. 973027
Refuse
5-0

Motion for Leave to File Response Out of Time in Roger L. Hammonds v. WCD/W.V. Division of Highways, No. 973027. Petition for Appeal was filed 12/24/97.

16.

Walter P. Sowers, II
No. 973021
Grant
5-0

Motion for Leave to File Response Out of Time in Sandra Kay Jackson v. WCD/ Bluefield Regional Medical Center, No. 973021. Petition for Appeal was filed 12/29/97.

17.

Phillip M. Stowers
No. 24751
Grant
5-0

Motion by the W.V. Chiropractic Society, Inc. For Leave to File an Amicus Curiae Brief in Miller v. Triplett, to be submitted 5/13/98.

18.

Hershell C. Smith
Pro se
No. 980150
Grant
5-0

Motion to File Petition for Appeal Out of Time in Hershell C. Smith v. WCD/Simmons-Rand Company, No. 980150. The Appeal Board order was entered 5/30/97.

19.

Harley O. Staggers
No. 972475
Grant
5-0

Motion to Reinstate Petition for Appeal in Stemple v. WCD/G & B Coal Company, Inc., No. 972475, dismissed 1/8/98.

20.

Harley O. Staggers
No. 973020
Refuse
5-0

Reply to Appellee's Response and Motion to Strike in Kinnie v. WCD/Wampler Longacre Chicken, Inc., No. 973020. Appeal Board order was entered 11/26/97, and petition for appeal was filed 12/29/97.

21.

Claude S. Smith, III
No. 980277
Grant [without stay]
4-1
(Maynard, J.)

Petition for a Writ of Prohibition in SER Stan Farley, Sheriff of Putnam County v. O.C. Spaulding, No. 980277, seeking to prohibit the enforcement of administrative orders creating the offices of Court Marshall and Deputy Court Marshall and appointing individuals to those offices for the purpose of providing services of court bailiff and courthouse security.

22.

Franklin L. Gritt, Jr.
No. 980277
Grant
5-0

Motion by the County Commission of Putnam County to Intervene As a Party-Respondent in SER Stan Farley, Sheriff of Putnam County v. O.C. Spaulding, No. 980277.

23.

Douglas G. Lee
No. 24542
Grant
5-0

Motion for Leave to File Appellee's Brief Out of Time in Blankenship v. WCD/Logan Health Village, No. 24542, to be submitted 2/13/98. Counsel asserts the additional time is needed because of change of counsel.

24.

James C. Peterson
Defer
[Responses Accepted until Noon, Feb. 10]

Motion in Reconsideration, Vacation and Modification in Burch, et al. v. A.H. Robbins Company, Inc. et al, No. 97-C-204 (1-11), Brooke County. By order entered 2/4/98, this Court deferred consideration of a petition in Burch and entered a stay until 2/19/98.

25.

Bradley A. Couser
No. 972726
Refuse As Premature
5-0

Motion to Dismiss Petition for Review in Rose v. WCD/Walker Systems, Inc., No. 972726. The petition was filed 11/26/97. Counsel asserts that the petitioner failed to serve the respondent with a copy of her petition.

26.

Colin M. Cline
Grant
5-0

Motion for Leave to File Petition Out of Time in Frank Rose v. Eastern Associated Coal Corporation, Appeal Board order entered 12/31/97.

27.

Sante Boninsegna, Jr.
No. 980072
Refuse
5-0

Summary Petition for Bail in State v. Ernest Sampson, No. 980072.

28.

Larry J. Rector
Nos. 24752 and 24753
Refuse
5-0
(Starcher, J. Disqualified,
Judge Hatcher Participating)

Motion for Leave to File Record Excerpts in Consolidation Coal Co. v. Boston Old Colony Insurance Co. et al., Nos. 24752 and 24753.