Court of Appeals Decision List
Decided September 11, 2003
Motions
The People &c.,
Respondent,
v.
Lenworth Aarons,
Appellant.
Motion for assignment of counsel denied
without prejudice to renewal of the motion
upon submissions by the appellant showing
assets or income available to him.
Cindy Blackstone, Individually
&c. of Danielle Blackstone, an
Infant,
Appellant,
v.
John Hayward et al.,
Respondents.
Motion for leave to appeal denied with
one hundred dollars costs and necessary
reproduction disbursements.
In the Matter of Ramon Cepeda,
Appellant,
v.
Glenn S. Goord, as Commissioner
of Correctional Services,
Respondent.
Motion for leave to appeal denied.
In the Matter of Christopher
Cusick,
Respondent,
v.
Bernard Kerik, &c., et al.,
Appellants.
Motion for leave to appeal denied.
Sandra Dolne,
Appellant,
v.
Village of Ossining,
Respondent.

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.
Electronic Bankcard Systems,
Inc., et al.,
Appellants,
v.
Frank Shiner,
Respondent.
Motion for leave to appeal denied with
one hundred dollars costs and necessary
reproduction disbursements.
The People &c.,
Appellant,
v.
Walter Gonzalez,
Respondent.
Motion for assignment of counsel granted
and Edward J. Nowak, Esq., Monroe County
Public Defender, 10 N. Fitzhugh Street,
Rochester, New York 14614 assigned as
counsel to the respondent on the appeal
herein.
The People &c.,
Respondent,
v.
Eugene Hicks,
Appellant.
Motion for assignment of counsel granted
and Lynn W.L. Fahey, Esq., Appellate
Advocates, 2 Rector Street, 10th Floor,
New York, NY 10006 assigned as counsel to
the appellant on the appeal herein.
Roger L. Jennings,
Appellant,
v.
City of Glens Falls Industrial
Development Agency,
Respondent.
Motion for leave to appeal denied.
Motion for a stay dismissed as academic.
In the Matter of Yaakov Kanovsky,
An Attorney and Counselor-At-Law.
Grievance Committee for the
Second and Eleventh Judicial
Districts,
Respondent;
Yaakov Kanovsky,
Appellant.
Motion for leave to appeal denied.
In the Matter of Lan Lan Wang,
&c.,
Appellant,
v.
Randy A. Daniels, &c.,
Respondent.
Motion for leave to appeal denied.
Magnacoustics, Inc. et al.,
Appellants,
v.
Ostrolenk, Faber, Gerb & Soffen,
&c., et al.,
Respondents.
Motion for leave to appeal denied with
one hundred dollars costs and necessary
reproduction disbursements.
In the Matter of Lawrence M.
Maida,
Appellant,
v.
H. Carl McCall, as State
Comptroller,
Respondent.
Motion for leave to appeal denied.
In the Matter of Lillian D.
Manney,
Appellant,
v.
H. Carl McCall, as State
Comptroller,
Respondent.
Motion for leave to appeal denied.
The People &c.,
Respondent,
v.
Ricky Martin,
Appellant.
Motion for an extension of the time within
which to apply for permission to appeal
pursuant to CPL 460.20 granted and motion
papers treated as a timely CPL 460.20
application.
The People &c.,
Respondent,
v.
Luis G. Martinez,
Appellant.

Motion for an extension of time within
which to apply for permission to appeal
pursuant to CPL 460.20 dismissed upon the
ground that no application for leave to
appeal pursuant to CPL 460.20 will lie
from an order of a single justice of the
Appellate Division denying leave to appeal
to that Court pursuant to CPL 460.15.
In the Matter of Emma J. Maxwell,
Appellant.
Nigro Companies, Inc.,
Respondent.
Commissioner of Labor,
Respondent.
Motion for leave to appeal denied.
In the Matter of Steven McC.,
A Person Alleged to be a
Juvenile Delinquent,
Appellant.
--------------------
Presentment Agency
Motion for leave to appeal denied.
Alvin Emilio Melendez, &c.,
et al.,
Appellants,
v.
Roman Catholic Archdiocese of
New York et al.,
Respondents.
Motion for leave to appeal denied.
Linda D. Misek-Falkoff et al.,
Appellants,
v.
American Lawyer Media, Inc.,
et al.,
Respondents.
Motion for reargument of motion for leave
to appeal denied with one hundred dollars
costs and necessary reproduction
disbursements.
Antonia G. Montasano,
Appellant,
v.
Steven A. Napoli, et al.,
Respondents.
Motion for leave to appeal denied with
one hundred dollars costs and necessary
reproduction disbursements.
In the Matter of Orchard Glen
Residences and Carriage Homes,
L.L.C., et al.,
Appellants,
v.
Erie County Industrial
Development Agency et al.,
Respondents.
Motion for leave to appeal denied with
one hundred dollars costs and necessary
reproduction disbursements.
The People &c.,
Respondent,
v.
Frederick Pereira,
Appellant.
Motion for an extension of the time within
which to apply for permission to appeal
pursuant to CPL 460.20 granted and motion
papers treated as a timely CPL 460.20
application.
In the Matter of Real Holding
Corp. et al.,
Respondents,
v.
Alan Lehigh, et al.,
Appellants.
Motion for leave to appeal granted.
The People &c. ex rel. David J.
Renner,
Appellant,
v.
Timothy J. Murray, &c.,
Respondent.
Motion for leave to appeal denied.
The People &c.,
Respondent,
v.
Louis Rosario,
Appellant.
Motion for an extension of the time within
which to apply for permission to appeal
pursuant to CPL 460.20 granted and motion
papers treated as a timely CPL 460.20
application.
Saddle Brook Garden Restaurant,
Inc.,
Appellant,
v.
Northeast Hotel Corp., et al.,
Defendants,
Saddle Brook New Jersey Hotel
Limited Partnership, et al.,
Respondents.
Motion for leave to appeal denied.
In the Matter of Craig Schuman,
Appellant,
v.
Westchester County Health Care
Corporation et al.,
Respondents.
Motion for leave to appeal denied.
In the Matter of Shefa Unlimited,
Inc., et al.,
Appellants,
v.
544 Park Avenue Realty, LLC,
et al.,
Respondents.
Motion for leave to appeal denied with
one hundred dollars costs and necessary
reproduction disbursements.
In the Matter of Dorothea J.
Simonsen,
Appellant,
v.
Zoning Board of Appeals of the
Town of Huntington, et al.,
Respondents.
Motion for leave to appeal denied.
In the Matter of Michael Spirles,
Appellant,
v.
Michael McGinnis, &c.,
Respondent.

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.
Theresa Walsh Taurone, &c.,
Appellant,
v.
Presidential Life Insurance
Company et al.,
Respondents.
Motion for leave to appeal denied with
one hundred dollars costs and necessary
reproduction disbursements.
In the Matter of Edward A.
Zelinsky et al.,
Appellants,
v.
Tax Appeals Tribunal of the
State of New York et al.,
Respondents.
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.
In the Matter of Edward A.
Zelinsky et al.,
Appellants,
v.
Tax Appeals Tribunal of the
State of New York et al.,
Respondents.
Motion by The Partnership for New York
City for leave to appear amicus curiae
on the appeal herein granted to the extent
that the proposed brief is accepted as
filed.


In the Matter of Edward A.
Zelinsky et al.,
Appellants,
v.
Tax Appeals Tribunal of the
State of New York et al.,
Respondents.
Motion by Richard Blumenthal, Attorney
General of the State of Connecticut, for
leave to file a brief amicus curiae on
the appeal herein granted and the proposed
brief is accepted as filed.