Court of Appeals Decision List
Decided September 2, 2004
Cases
In the Matter of Martha Ferrugia, Appellant, v. New York State Department of Health and Chautauqua County Department of Social Services, Respondents.	On review of submissions pursuant to section 500.4 of the Rules, order reversed, with costs, petition granted, respondents' determination denying petitioner's medical assistance application annulled and respondents directed to disregard the income and resources of the subject irrevocable trust in determining petitioner's entitlement to medical assistance, for the reasons stated in the dissent at the Appellate Division (5 AD3d 1116, at 1117-1119). Chief Judge Kaye and Judges Smith, Ciparick, Rosenblatt, Graffeo, Read and Smith concur.
State Farm Mutual Automobile Insurance Co., Appellants, v. Robert Mallela, et al., Respondents,	Certification of question by the United States Court of Appeals for the Second Circuit, pursuant to section 500.17 of this Court's Rules of Practice, accepted and the issues presented are to be considered after briefing and argument. Chief Judge Kaye and Judges Smith, Ciparick, Rosenblatt, Graffeo, Read and Smith concur.
Motions
A. Servidone, Inc., Respondent, v. Commercial Underwriter's Insurance Company, Appellant, et al., Defendants.	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.
In the Matter of Christian A. --------------------------------- Erie County Department of Social Services, Respondent; Jennifer A., Appellant.	Motion for leave to appeal denied.
Aimco Chelsea Land, LLC, et al., Respondents, v. Joan R. Bassey, &c., Appellant, Fidelity National Title Insurance Company of New York, Respondent.	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.
Hyacinth Atkins, Appellant, v. Besim Malota, Respondent.	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.
The People &c., Respondent, v. Freeman Billingsley, Appellant.	Motion for leave to appeal denied.
In the Matter of William F. Bonez, Appellant, v. John W. Burge, Superintendent, Auburn Correctional Facility, Respondent.	Motion for leave to appeal denied. Motion for poor person relief dismissed as academic.
The People &c., Respondent, v. Deshawn Brown, Appellant.	Motion for leave to appeal denied. Motion for poor person relief dismissed as academic.
The People ex rel. David Burr, Appellant, v. John Smith, &c., Respondent.	Motion for leave to appeal denied. Motion for poor person relief dismissed as academic.
In the Matter of Theresa Cassone, Appellant, v. Westchester County Health Care Corporation, et al., Respondents.	Motion for leave to appeal denied.
David A. Clark, Appellant, v. New York State Office of Parks, Recreation & Historic Preservation, Respondent.	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.
In the Matter of DeCostole Carting, Inc., Appellant, v. The Business Integrity Commission of the City of New York, Respondent.	Motion for leave to appeal denied.
Fred DiFranco, &c., Respondent, v. Margareite Essig, &c., Respondent, Thornwood Fire District, Appellant, et al., Defendants.	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 and is not an order of the type provided for in CPLR 5602(a)(2).
The League of Arab States, Respondent, v. 4 Third Avenue Leasehold, LLC, Appellant.	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements.
In the Matter of Franklin Leonard, Appellant, v. Margaret Dushantinski, &c., et al., Respondents.	Motion for leave to appeal dismissed as untimely (CPLR 5513[b]). Motion for poor person relief dismissed as academic.
Leonard J. Levenson, et al., Respondents, v. Jonathan Lippman, &c.,et al., Appellants.	Motion by City of New York for leave to appear amicus 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 additional copies served within 10 days. Chief Judge Kaye took no part.
Frances Leventritt, Appellant, v. Sotheby's, Inc., Respondent.	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements.
Michael Lichtman, Appellant, v. Mount Judah Cemetery, Inc., et al., Respondents, et al., Defendants.	Motion for leave to appeal dismissed upon the ground that the orders sought to be appealed from do not finally determine the action within the meaning of the Constitution.
Richard Miller, Respondent, v. Weyerhaeuser Company, 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 action within the meaning of the Constitution.
National City Bank, Appellant, v. New York Central Mutual Fire Insurance Company, Respondent, et al., Defendants.	Motion for leave to appeal denied.
Michael Peterkin, Appellant, v. City of New York, et al., Defendants, Maurice Ramos, Respondent. (And Third-Party Actions).	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements.
Lawrence Piquette, et al., Respondents, v. City of New York, et al., Appellants, et al., Defendants.	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements.
In the Matter of Larry Porter, Appellant, v. Glenn S. Goord, as Commissioner of Correctional Services, et al., Respondents.	Motion for leave to appeal denied. Motion for poor person relief dismissed as academic.
Claudia Zeitz Poster, Appellant, v. Harold S. Poster, Respondent.	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements.
Quantum Corporate Funding, Ltd., Respondent, v. Westway Industries, Inc., Defendant, United States Fidelity and Guaranty Company, Appellant.	Motion by Surety Association of America for leave to appear amicus curiae on the appeal herein granted to the extent that the proposed brief is accepted as filed. Twenty copies of a brief may be filed and three copies served within 10 days.
Samuel D. Rosen, Appellant, v. Evelyn Hanrahan, Defendant, Susan Hanrahan, &c., et al., Respondents.	Motion for leave to appeal denied.
17 East 89th Street Tenants, Inc., Respondent, v. Zion Tsabbar, Appellant.	Motion, insofar as it seeks leave to appeal from that part of the Appellate Division order that affirmed Supreme Court's order and judgment granting relief on the ejectment cause of action and expressly severing that cause of action, denied; motion for leave to appeal otherwise dismissed upon the ground that the remaining portion of the Appellate Division order does not finally determine the action within the meaning of the Constitution.
In the Matter of Solow Building Company, LLC, Appellant, v. Morgan Guaranty Trust Company of New York, Respondent.	Motion for leave to appeal denied.
Gerald L. Stevens et al., Respondents, v. Grace A. Maimone et al., Appellants.	Motions for leave to appeal denied.
In the Matter of Luis Torres, Appellant, v. Glenn Goord, &c., Respondent.	Motion for leave to appeal denied. Motion for poor person relief dismissed as academic.
Erwin J. Urias, et al., Appellants, v. Orange County Agricultural Society, Inc., Respondent.	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements.
In the Matter of Varsity Transit, Inc., Appellant, v. Martha E. Stark, &c., et al., Respondents.	Motion for leave to appeal denied.
The People &c., Respondent, v. Stephen Warwick, Appellant.	Motion for leave to appeal denied. Motion for poor person relief dismissed as academic.
In the Matter of Robert M. Winn, as Special Prosecutor for the County of Rensselaer, et al., Respondents, v. Rensselaer County Conditional Release Commission, Respondent, Mary Beth Anslow, Appellant.	Motion for leave to appeal dismissed upon the ground that the issues presented have become moot.