Court of Appeals Decision List
Decided June 10, 2003
Cases
The People &c., Appellant, v. Lionel Alvarez, Respondent.	Order reversed and defendant's motion to suppress physical evidence denied, in a memorandum. Chief Judge Kaye and Judges Smith, Ciparick, Wesley, Rosenblatt, Graffeo and Read concur.
Kate L. Butler, an Infant, by William C. Butler et al., Appellants, v. Brian F. Rafferty, Respondent, et al., Defendants.	Order affirmed, with costs. Opinion by Judge Rosenblatt. Chief Judge Kaye and Judges Smith, Ciparick, Wesley, Graffeo and Read concur.
The People &c., Respondent-Appellant, v. Ravie Hafeez, Appellant-Respondent.	Order modified by reinstating the conviction for conspiracy in the fourth degree and remitting to the Appellate Division, Second Department, for consideration of the facts and, as so modified, affirmed. Opinion by Judge Ciparick. Chief Judge Kaye and Judges Smith, Wesley and Graffeo concur. Judge Rosenblatt concurs in result in an opinion. Judge Read dissents in part and votes to additionally reinstate defendant's conviction for murder in the second degree in an opinion.
The People &c., Appellant, v. Dennis Anthony Hart, Respondent.	On review of submissions pursuant to section 500.4 of the Rules, order affirmed, in a memorandum. Chief Judge Kaye and Judges Smith, Ciparick, Wesley, Rosenblatt, Graffeo and Read concur.
In the Matter of Main Seneca Corporation, et al., Respondents-Appellants, v. Town of Amherst Industrial Development Agency et al., Appellants-Respondents. BDO Seidman, LLP, Respondent.	Order affirmed, without costs. Opinion by Judge Smith. Chief Judge Kaye and Judges Ciparick, Rosenblatt, Graffeo and Read concur. Judge Wesley took no part.
In the Matter of the Honorable Ira J. Raab, a Justice of the Supreme Court, Nassau County, Petitioner, For Review of a Determination of State Commission on Judicial Conduct, Respondent.	Determined sanction accepted, without costs. Opinion Per Curiam. Chief Judge Kaye and Judges Smith, Ciparick, Wesley, Rosenblatt, Graffeo and Read concur.
Michael Sholes, &c., et al., Plaintiffs, v. Gerald Meagher, et al., Defendants, Furey & Furey, P.C., et al., Non-Party Appellants.	Order, insofar as appealed from, affirmed, with costs. Opinion Per Curiam. Chief Judge Kaye and Judges Smith, Ciparick, Wesley, Rosenblatt, Graffeo and Read concur.
In the Matter of Honorable William Watson, Judge of the Lockport City Court, Niagara County, Petitioner, For Review of a Determination of State Commission on Judicial Conduct, Respondent.	Determined sanction rejected, without costs, and the sanction of censure imposed. Opinion Per Curiam. Chief Judge Kaye and Judges Smith, Ciparick, Wesley, Rosenblatt, Graffeo and Read concur.
Motions
In the Matter of Benjamin S.A., Appellant. --------------------------------- Steuben County Attorney, Respondent.	Motion for leave to appeal denied.
In the Matter of Academy Housing Associates, Appellant, v. City Assessor of City of Watertown et al., Respondents. (Proceeding No. 1) --------------------------------- (And Another Proceeding).	Motion for leave to appeal dismissed upon the ground that the order sought to be appealed from does not finally determine the proceedings within the meaning of the Constitution.
The People &c. ex rel. Troy Alexander, Appellant, v. Kevin Walsh, Sheriff, &c., Respondent.	Motion for leave to appeal denied.
Kannan Balendran, &c., Appellant, v. North Shore Medical Group, P.C., et al., Respondents, et al., Defendant.	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements.
Candice Bennett, &c., et al., Respondents, v. City of New York, et al., Defendants, Police Athletic League, Inc., Appellant.	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).
Edward Bobek, a/k/a Edward Bobeck, Appellant, v. Allan Crystal, &c., Respondent, et al., Defendants.	Motion for leave to appeal denied.
Fabienne Bourbon, Appellant, v. Tony Bourbon, Respondent.	Motion for leave to appeal denied. Motion to enlarge the record denied.
Cattaraugus Central School Board of Education, Appellant, v. Carol Case Siracuse, AIA, Defendant, Kirst Construction, Inc., Respondent. --------------------------------- Kirst Construction, Inc., Third-Party Respondent, v. Tom Greenauer Development, Inc., Third-Party Respondent.	Motion, insofar as it seeks leave to appeal from so much of the Appellate Division order as dismissed the third- party complaint, dismissed upon the ground that appellant is not here a party aggrieved (see, CPLR 5511); motion for leave to appeal otherwise dismissed upon the ground that the remainder of the order sought to be appealed from does not finally determine the action within the meaning of the Constitution.
Albert A. Cellini, Appellant, v. Louis Derespiris, et al., Respondents.	Motion, insofar as it seeks leave to appeal as against respondent Derespiris, dismissed upon the ground that as to that party the Appellate Division order sought to be appealed from does not finally determine the action within the meaning of the Constitution; motion for leave to appeal otherwise denied.
In the Matter of Clayton Housing Associates, Appellant, v. Town Assessor of Town of Clayton et al., Respondents. (Proceeding No. 1) --------------------------------- (And Another Proceeding).	Motion for leave to appeal dismissed upon the ground that the order sought to be appealed from does not finally determine the proceedings within the meaning of the Constitution.
In the Matter of Copenhagen Housing Associates, Appellant, v. Town Assessor of Town of Denmark et al., Respondents. (Proceeding No. 1) --------------------------------- (And Another Proceeding).	Motion for leave to appeal dismissed upon the ground that the order sought to be appealed from does not finally determine the proceedings within the meaning of the Constitution.
In the Matter of James Dann, Appellant, v. H. Carl McCall, as New York State Comptroller, et al., Respondents.	Motion for leave to appeal dismissed as untimely (see, CPLR 5513[b]).
In the Matter of Eastern Housing Associates, Appellant, v. City Assessor of City of Watertown et al., Respondents. (Proceeding No. 1) --------------------------------- (And Another Proceeding).	Motion for leave to appeal dismissed upon the ground that the order sought to be appealed from does not finally determine the proceedings within the meaning of the Constitution.
Ann T. Ely, &c., Appellant, v. James W. Pierce, Defendant, Nicholas Possemato et al., Respondents.	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements.
In the Matter of Excellus Health Plan, Inc., Respondent, v. Gregory V. Serio, as Superin- tendent of Insurance, Appellant.	Motion for leave to appeal granted.
Exxon Shipping Co. et al., Appellants-Respondents. v. New York State Division of Human Rights, Respondent, Jack Ertl, Respondent-Appellant.	Motion and cross motion for leave to appeal denied.
Jerome Feldman, et al., Appellants, v. National Westminster Bank, N.A., &c., Respondent. --------------------------------- Roberta Hayes, et al., Appellants, v. National Westminster Bank, N.A., &c., Respondent.	Motions for leave to appeal denied.
In the Matter of Nicholas G. Finelli, et al., Appellants, v. William J. Bratton, &c., et al., Respondents.	Motion for leave to appeal denied.
George Eagan Ginther, Appellant, Niagara Financial Services Incorporated, Plaintiff, v. Howard S. Rosenhoch, Esq., et al., Respondents.	Motion for leave to appeal denied.
The People &c. ex rel. Manuel Griffin, Appellant, v. New York State Division of Parole, et al., Respondents.	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.
The People &c. ex rel. George Harris, Appellant, v. Joseph Costello, Superintendent, &c., Respondent.	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.
Theresa Havell, Respondent, v. Aftab Islam, Appellant.	Motion for leave to appeal denied.
J.C. Penney Company, Inc., Appellant, v. Town of Oyster Bay, et al., Respondents.	Motion for leave to appeal denied.
In the Matter of Daniel L., A Child Under the Age of Eighteen Years, &c., Antoinette G., Appellant, Administration for Children's Services, Respondent.	Motion for leave to appeal denied.
In the Matter of Legion of Christ, Incorporated, Appellant, v. Town of Mount Pleasant, &c., et al., Respondents.	Motion for leave to appeal granted.
In the Matter of the Arbitration Between Monroe County Deputy Sheriff's Association, Respondent, -and- Monroe County/Monroe County Sheriff, Appellant.	Motion for leave to appeal denied.
New York First Avenue CVS, Inc., Appellant, v. Wellington Tower Associates, L.P. et al., Respondents.	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements.
In the Matter of Village of Pelham, et al., Appellants, v. City of Mount Vernon, et al., Respondents.	Motion for leave to appeal denied. Judge Rosenblatt took no part.
In the Matter of Village of Pelham, et al., Appellants, v. City of Mount Vernon Industrial Development Agency, et al., Respondents.	Motion for leave to appeal denied. Judge Rosenblatt took no part.
In the Matter of Philadelphia Housing Associates, Appellant, v. Town Assessor of Town of Philadelphia et al., Respondents. (Proceeding No. 1) --------------------------------- (And Another Proceeding).	Motion for leave to appeal dismissed upon the ground that the order sought to be appealed from does not finally determine the proceedings within the meaning of the Constitution.
In the Matter of Jeffrey Schaper et al., Appellants, v. New York State Division of Housing and Community Renewal, Respondent, and 929-31 West End Avenue Co., Inc., Intervenor-Respondent.	Motion for leave to appeal denied.
William Schrader, Appellant, v. Sunnyside Corporation, Respondent.	Motion, insofar as it seeks leave to appeal from that portion of the Appellate Division order that affirmed that part of Supreme Court's order that denied appellant's motions for leave to amend the complaint and supplement the bill of particulars and to strike the answer, 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 James W. Sherbert, Jr., Appellant, v. Meredith A. Hilk, Respondent.	Motion for leave to appeal denied.
Steinhardt Group, Inc. et al., Appellants, v. Citicorp, et al., Respondents.	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements.
Andre Thompson, Respondent, v. St. Charles Condominiums, et al., Defendants. --------------------------------- Strivers' Row Associates, L.P., et al., Third-Party Respondents, v. The Seavey Organization,, Third-Party Defendant, J&R Brick Masonry, Inc., Third-Party Appellant.	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.