Court of Appeals Decision List
Decided June 12, 2003
Cases
Saratoga County Chamber of Commerce Inc., et al., Respondents, v. George Pataki, as Governor of the State of New York, et al., Appellants. (Action No. 1) --------------------------------- Keith L. Wright, &c., et al., Respondents, v. George Pataki, as Governor of the State of New York, et al., Appellants. (Action No. 2)	Order modified, with costs to plaintiffs, by vacating on the ground of mootness so much thereof as declared the May 27, 1999 amendment to the 1993 Tribal-State Gaming Compact void and unenforceable and, as so modified, affirmed. Opinion by Judge Rosenblatt. Chief Judge Kaye and Judge Ciparick concur. Judge Smith concurs in part and dissents in part in an opinion, dissenting as to part VIII of Judge Rosenblatt's opinion. Judge Read dissents and votes to dismiss the actions in an opinion in which Judges Wesley and Graffeo concur.
Motions
Ackleema Ally, &c., Appellant, v. Richard S. Graver, et al., Respondents.	Appeal dismissed without costs, by the Court sua sponte, upon the ground that no substantial constitutional question is directly involved.
Aspro Mechanical Contracting, Inc., et al., Respondents, v. Fleet Bank, N.A., Appellant.	Motion for leave to appeal granted.
In the Matter of A.R.E.B.A. Casriel, Inc., Appellant, v. Antonia C. Novello, M.D., M.P.H., &c. et al., Respondents.	Motion by the Greater New York Hospital Association for leave to file a memorandum of law amicus curiae on the motion for leave to appeal herein granted and the memorandum of law is accepted as filed. Chief Judge Kaye took no part.
In the Matter of A.R.E.B.A. Casriel, Inc., Appellant, v. Antonia C. Novello, M.D., M.P.H., &c. et al., Respondents.	Motion for leave to appeal denied. Chief Judge Kaye took no part.
Cynthia A. Bell, Appellant, v. The Alden Owners, Inc. et al., Respondents.	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements.
In the Matter of Charla R. Bikman (Admitted as Charla Ruth Bikman) an attorney and counselor-at-law. Departmental Disciplinary Committee for the First Judicial Department, Respondent, Charla R. Bikman, Appellant.	Motion for leave to appeal denied. Motion for a stay dismissed as academic.
Daniel A. Boons, Respondent, v. John A. Martocci, Also Known As John Martin, et al., Appellants, et al., Defendants.	Motion for reargument dismissed as untimely (see, 22 NYCRR 500.11[g][3]). 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. Judge Graffeo took no part.
Jean Buchheim, Appellant, v. Bharat Sanghavi, M.D., et al., Respondents.	Motion for leave to appeal denied.
In the Matter of Alijah C., et al., Alleged to be Abused and/or Neglected Children. Chemung County Department of Social Services, Respondent; Anita C., Respondent. Andrew M. Rothstein, as Law Guardian, Appellant.	Motion for leave to appeal granted.
John Chambers, et al., Respondents, v. Old Stone Hill Road Associates et al., Appellants.	Motions for leave to appeal granted.
John Chambers, et al., Respondents, v. Old Stone Hill Road Associates et al., Appellants.	Motion by the Town of Pound Ridge for leave to file a brief amicus curiae on the motion for leave to appeal herein granted and the brief is accepted as filed, and for leave to file a brief amicus curiae on the appeal herein granted. Three copies of a brief may be served and 20 copies filed within 30 days.
Mark DiPalma, Respondent, v. Eveready Insurance Company, Appellant.	Motion for leave to appeal denied.
Dual Degree Service Corp., et al., Appellants, v. Citibank, N.A., Respondent.	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements.
In the Matter of Louis Hairston, Appellant, v. Glenn Goord, Commissioner of Department of Correctional Services, et al., Respondents.	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 Hertz Corporation, Appellant, v. Commissioner of Labor, Respondent.	Appeal, insofar as it seeks review of the February 13, 2003 Appellate Division order, dismissed, without costs, by the Court sua sponte, upon the ground that it does not lie as of right (NY Const, art VI, § 3[b]; CPLR 5601). Hertz Corporation's appeal from the February 13, 2003 Appellate Division order brings up for review only the prior nonfinal Appellate Division order entered July 23, 1998 (see, CPLR 5601[d]; CPLR 5501[b]; Matter of Greatsinger, 66 NY2d 680, 682-683; Curiale v Ardra Ins. Co., 86 NY2d 774; Gilroy v American Broadcasting Co., 46 NY2d 580, 584). Judges Wesley and Graffeo took no part.
The People &c., Respondent, v. Alphonso Littlejohn, Appellant.	Appeal dismissed without costs, by the Court sua sponte, upon the ground that no civil appeal lies from the order of the Appellate Division entered in this criminal action (see, NY Const, art VI, § 3[b]; CPLR 5601; CPL 450.90).
Terry Manning and Joanne Manning, Appellants, v. Walter S. Johnson Building Company, Inc., Respondent.	Appeal dismissed without costs, by the Court sua sponte, upon the ground that the order appealed from does not finally determine the action within the meaning of the Constitution.
David McCullough, Appellant, v. Syracuse Police Department, Respondent.	Motion for leave to appeal dismissed upon the ground that this Court does not have jurisdiction to entertain this motion for leave to appeal from the order of the Appellate Division entered in this action commenced in Syracuse City Court (see, NY Const, art VI, § 3[b][7]; CPLR 5602[a]).
In the Matter of Jonathan McL., A Person Alleged to be a Juvenile Delinquent, Appellant. -------------------------------- Presentment Agency	Motion for leave to appeal denied.
In the Matter of Steven J. Mitchell, Appellant, v. Essex County Sheriff's Department, et al., Respondents.	Motion for leave to appeal denied.
State of New York, Respondent, v. Robert P. Ackley et al., as Coexecutors of the Estate of Robert H. Ackley, Deceased, et al., Appellants, et al., Defendants.	Motion for leave to appeal dismissed upon the ground that neither the judgment nor the stipulation sought to be appealed from finally determines the action within the meaning of the Constitution.
New York Telephone Company, Appellant, v. Nassau County, et al., Respondents. (Action No. 1) --------------------------------- In the Matter of New York Water Service Corporation, Appellant, v. Nassau County, et al., Respondents. (Proceeding No. 1) --------------------------------- In the Matter of Long Island Water Corporation, Appellant, v. Nassau County, et al., Respondents. (Proceeding No. 2)	Motions for leave to appeal granted.
Paul Palmieri et al., Appellants, v. William T. Higgins, Respondent.	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements.
Daniel Rapino et al., Appellants, v. The City of New York et al., Respondents.	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements.
In the Matter of Robert Schultz et al., Appellants, v. Town of Red Hook Planning Board et al., Respondents.	Motion for leave to appeal denied.
The People &c. ex rel. William St. Germain, Appellant, v. Daniel Senkowsky, Superintendent of Clinton Correctional Facility, Respondent.	Motion for leave to appeal dismissed upon the ground that it does not lie from the order of an individual Justice of the Appellate Division (see, NY Const, art VI, § 3; CPLR 5602).
In the Matter of Barbara N. Taylor, Appellant, v. New York City Board of Elections, et al., Respondents.	Motion for poor person relief &c. dismissed as academic.
In the Matter of Barbara N. Taylor, Appellant, v. New York City Board of Elections, et al., Respondents.	On the Court's own motion, appeal dismissed, without costs, upon the ground that no substantial constitutional question is directly involved. Motion for leave to appeal denied.
Mary Ules et al., Appellants, v. City of Utica, Respondent.	Motion for leave to appeal denied.
In the Matter of Joseph Vidal, Appellant, v. John W. Burge, Superintendent, Auburn Correctional Facility, Respondent.	Motion for leave to appeal denied.