Court of Appeals Decision List
Decided May 6, 2004
Cases
Joseph Bruni, Appellant, v. City of New York, Respondent, et al., Defendant.	Order reversed, with costs, and a new trial ordered. Opinion by Judge R.S. Smith. Chief Judge Kaye and Judges G.B. Smith, Ciparick, Rosenblatt, Graffeo and Read concur.
Christopher Colarossi, Appellant, v. University of Rochester, Respondent.	On review of submissions pursuant to section 500.4 of the Rules, order affirmed, with costs, in a memorandum. Chief Judge Kaye and Judges Smith, Ciparick, Rosenblatt, Graffeo, Read and Smith concur.
In the Matter of Richard Kreisler, Appellant, v. New York City Transit Authority, Respondent.	On review of submissions pursuant to section 500.4 of the Rules, order affirmed, with costs, in a memorandum. Chief Judge Kaye and Judges Smith, Ciparick, Rosenblatt, Graffeo, Read and Smith concur.
Ram Krishna Maheshwari, et al., Appellants, v. The City of New York et al., Respondents, et al., Defendants.	Order affirmed, with costs. Opinion by Judge Rosenblatt. Chief Judge Kaye and Judges Smith, Ciparick, Graffeo, Read and Smith concur.
The People &c., Respondent-Appellant, v. Israel Nieves, Appellant-Respondent.	On defendant's appeal, order, insofar as appealed from, affirmed. People's appeal dismissed upon the ground that the modification by the Appellate Division was not "on the law alone or upon the law and such facts which, but for the determination of law, would not have led to . . . modification" (CPL 450.90[2][a]). Opinion by Judge Graffeo. Chief Judge Kaye and Judges Smith, Ciparick, Rosenblatt, Read and Smith concur.
In the Matter of Real Holding Corp., Respondent, et al., Petitioner, v. Alan Lehigh, et al., Appellants.	Order affirmed, with costs. Opinion by Judge Read. Chief Judge Kaye and Judges Smith, Ciparick, Rosenblatt, Graffeo and Smith concur.
In the Matter of Victor Rodriguez-Rivera, &c., Respondent, v. Raymond Kelly, &c., et al., Appellants.	On review of submissions pursuant to section 500.4 of the Rules, judgment reversed, with costs, and petition dismissed, in a memorandum. Chief Judge Kaye and Judges Smith, Ciparick, Rosenblatt, Graffeo, Read and Smith concur.
Motions
In the Matter of Mohammad Arif, &c., et al., Appellants, v. The New York City Taxi and Limousine Commission, Respondent.	Motion for leave to appeal granted.
Carvel Corporation, Appellant, v. Elizabeth A. Noonan, et al., Respondents, et al., Defendants, et al., Special Masters.	Motion by Independent Franchisees of Weight Watchers International, Inc. for leave to appear amici curiae on the appeal herein granted to the extent that the proposed brief is accepted as filed. Chief Judge Kaye took no part.
The People &c., Respondent, v. Randolfo Catu, Appellant.	Motion for assignment of counsel granted and Laura Johnson, Esq., The Legal Aid Society, 199 Water Street, New York, NY 10038 assigned as counsel to the appellant on the appeal herein.
Chase Manhattan Bank, &c., Respondent, v. Joan Harris, Also Known as Joan Harris Rondeau, Third-Party Appellant, et al., Defendants; Merrimack Mutual Fire Insurance Company, Third-Party Respondent.	Motion, insofar as it seeks leave to appeal from that portion of the Appellate Division order that dismissed the appeal from Supreme Court's order denying reargument, dismissed upon the ground that such portion of the order does not finally determine the action within the meaning of the Constitution; motion for leave to appeal otherwise denied.
In the Matter of Hector Chebere, Respondent, v. Robert T. Johnson, &c., et al., Appellants.	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 and is not an order of the type provided for in CPLR 5602(a)(2).
In the Matter of Crown Communica- tion New York, Inc., Respondent, v. Department of Transportation of the State of New York, Respondent, City of New Rochelle, et al., Appellants; James Cavanaugh, &c., Intervenor-Respondent. (Matter No. 1) --------------------------------- In the Matter of Crown Communica- tion New York, Inc., Respondent, v. Department of Transportation of the State of New York, Respondent, City of New Rochelle, et al., Appellants. (Matter No. 2)	Motion for leave to appeal granted.
In the Matter of Samuel Davis, Appellant, v. Glenn S. Goord, Commissioner, New York State Department of Correctional Services, Respondent.	Appeal dismissed without costs, by the Court sua sponte, upon the ground that it is untimely (see, CPLR 5513[a]).
Quintin Xavier Drakeford, Appellant, v. The State of New York, Department of Corrections, Respondent.	On the Court's own motion, appeal dismissed, without costs, upon the ground that the order appealed from does not finally determine the action within the meaning of the Constitution. 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. Motion for poor person relief dismissed as academic.
The People &c., Respondent, v. Thomas Hanley, Appellant.	Motion to waive certain requirements of this Court's Rules of Practice denied. The appeal may, however, be prosecuted upon the original record and 20 copies each of appellant's Court of Appeals brief and appendix pursuant to section 500.5(a)(1) of the Court of Appeals Rules of Practice.
The People &c. ex rel. Thomas Higgins, Appellant, v. Michael McGinnis, as Superintendent, Southport Correctional Facility, Respondent.	On the Court's own motion, appeal dismissed, without costs, upon the ground that no substantial constitutional question is directly involved. Motion for poor person relief dismissed as academic.
In the Matter of Ronald Jackson, Appellant, v. State of New York, Respondent.	Motion for leave to appeal dismissed as untimely (see, CPLR 5513[b]).
Ashok Kashelkar, Appellant, v. Robert G. Carl, as Town Court Justice of the Town of Catskill, et al., Respondents.	Motion to dismiss appeal granted and appeal dismissed, with four hundred dollars costs and one hundred dollars costs of motion, upon the ground that no substantial constitutional question is directly involved. Cross motion for sanctions &c. denied.
In the Matter of Leo A. Marino, Appellant, v. Robert M. Morgenthau, District Attorney, New York County, Respondents.	On the Court's own motion, appeal dismissed, without costs, upon the ground that no appeal lies as of right from the unanimous order of the Appellate Division absent the direct involvement of a substantial constitutional question (CPLR 5601). Motion for leave to appeal denied. Motion for poor person relief dismissed as academic.
The People &c., Respondent, v. Nicholas Marquez, Appellant.	Motion for assignment of counsel granted and Robert S. Dean, Esq., Center for Appellate Litigation, 74 Trinity Place, 11th Floor, New York, NY 10006 assigned as counsel to the appellant on the appeal herein.
In the Matter of New York Civil Liberties Union, Appellant, v. City of Schenectady, et al., Respondents.	Motion by The New York Newspaper Publishers Association, Inc., et al. for leave to appear amici curiae on the appeal herein granted to the extent that the proposed brief is accepted as filed. Nineteen additional copies of the brief may be filed and two copies served within 10 days.
South Road Associates, LLC, Appellant, v. International Business Machines Corporation, Respondent.	Motion for leave to appeal granted.
South Road Associates, LLC, Appellant, v. International Business Machines Corporation, Respondent.	Motion by the Real Estate Board of New York, Inc. for leave to file an affidavit amicus curiae on the motion for leave to appeal herein granted and the affidavit is accepted as filed.
Arlene Toefer, &c. et al., Appellants, v. Long Island Rail Road, Respondent. --------------------------------- (And Two Third-Party Actions) (And A Fourth-Party Action)	Motion for leave to appeal granted.
The People &c., Respondent, v. Stuart Bennett Vorpahl, Appellant.	Motion for reconsideration of this Court's January 12, 2004 dismissal order &c. denied.
The People &c., Respondent, v. Stuart Bennett Vorpahl, Appellant, Town of Montauk, Inc., Intervenor.	Motion to intervene &c. dismissed upon the ground that Robert A. Ficalora is not an attorney authorized to represent Montauk Friends of Olmsted Parks/Montauk Trustee Corporation on behalf of the Incorporated Township of Montauk (CPLR 321[a]).
Alison L. Weller, Appellant, v. James J. Munson, Respondent.	Motion, insofar as it seeks leave to appeal from that portion of the Appellate Division order that affirmed Supreme Court's order denying appellant's motion to renew, dismissed upon the ground that such portion of the order does not finally determine the action within the meaning of the Constitution; motion for leave to appeal otherwise denied.