Court of Appeals Decision List
Decided September 16, 2003
Cases
Paul A. Krohn, Respondent-Appellant, Alli Katt, Respondent, v. New York City Police Department and Anthony DiPalma, Appellant-Respondent.	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 and Read concur.
William McAndrews, &c., et al., Respondents, v. City of New York, et al., Appellants.	On review of submissions pursuant to section 500.4 of the Rules, order reversed, with costs, and a new trial ordered, in a memorandum. Chief Judge Kaye and Judges Smith, Ciparick, Rosenblatt, Graffeo and Read concur.
Motions
Monique Joy Adderley, &c., Respondent, v. City of New York, et al., Appellants.	Motion by the City of Albany for leave to file an affirmation amicus curiae on the motion for leave to appeal herein granted and the affirmation is accepted as filed, and for leave to appear amicus curiae on the appeal herein dismissed as academic.
Monique Joy Adderley, &c., Respondent, v. City of New York, et al., Appellants.	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements.
Cheryl Andrea, et al., Appellants, v. Arnone, Hedin, Casker, Kennedy and Drake Architects and Landscape Architects, P.C. (Habiterra Associates), et al., Defendants, Tiede-Zoeller, Inc., Respondent. (Action No. 1) --------------------------------- Mark Foster, et al., Appellants, v. Jamestown Public Schools, Tiede- Zoeller, Inc., Respondents, et al., Defendants. (Action No. 2)	Appeal dismissed without costs, by the Court sua sponte, upon the ground that the order appealed from does not finally determine the actions within the meaning of the Constitution.
In the Matter of an Investigation into the Professional Misconduct of Anonymous, an attorney and counselor-at-law by the Departmental Disciplinary Committee for the First Judicial Department, Appellant.	Motion, insofar as it seeks leave to appeal from that part of the Appellate Division order that denied reargument, dismissed upon the ground that such portion of the order does not finally determine the proceeding within the meaning of the Constitution; motion for leave to appeal otherwise denied.
In the Matter of Dominique L.B., et al., &c. --------------------------------- Erie County Department of Social Services, Respondent; Monique M., Appellant.	Motion for leave to appeal denied.
In the Matter of Board of Education of the City School District of the City of New York, Appellant, v. United Federation of Teachers, Local 2, American Federation of Teachers, AFL-CIO, Respondent.	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements.
Conchette Cappolla, Appellant, v. City of New York, Respondent.	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements.
In the Matter of City of New York, Respondent, v. Town of Blooming Grove Zoning Board of Appeals 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.
In the Matter of Leslie Cole- Hatchard, on Behalf of Douglas J. Cole-Hatchard, Jr., Deceased, Appellant, v. H. Carl McCall, as Comptroller of the State of New York, Respondent.	Motion for leave to appeal denied.
In the Matter of Stephen J. Cole-Hatchard, Appellant, v. H. Carl McCall, &c., Respondent.	Motion for leave to appeal denied.
In the Matter of Julia Corcoran, Appellant. Commissioner of Labor, Respondent.	Motion for reargument of motion for leave to appeal denied.
In the Matter of Joseph D. Decker, Appellant, v. H. Carl McCall, &c. et al., Respondents.	Motion for leave to appeal denied.
In the Matter of Richard DeGrijze, Appellant, v. Donald Selsky, as Director of Special Housing and Inmate Disciplinary Programs, Respondent.	Appeal dismissed without costs, by the Court sua sponte, upon the ground that no substantial constitutional question is directly involved.
In the Matter of James J. Dolan Jr., Appellant, v. New York State Department of Civil Service et al., Respondents.	Motion for leave to appeal denied.
In the Matter of Foreclosure of Tax Liens by Clinton County. Clinton County, Respondent; Theodore Zachary, Appellant.	Motion for reargument of motion for leave to appeal denied.
In the Matter of Foreclosure of Tax Liens by Clinton County. County of Clinton, Respondent; Tumusiime Fortunatus, Appellant.	Motion for reargument of motion for leave to appeal denied.
In the Matter of 41-42 Owners Corp., Appellant, v. New York State Division of Housing and Community Renewal, Respondent.	Motion for leave to appeal dismissed as untimely. The prior motion for leave to appeal made to the Appellate Division was untimely (Karger, Powers of the New York Court of Appeals, § 73, at 452 [3d ed]).
Zoila Godoy, Plaintiff, v. Abamaster of Miami, Inc., et al., Respondents, Mike's Restaurant Equipment Corporation, Defendant, Carfel, Inc., Appellant. (And A Third-Party Action).	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.
Melvyn Kaufman, Appellant, v. Elizabeth Kehler, et al., Respondents.	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements.
Melvyn Kaufman, Appellant, v. Elizabeth Kehler, et al., Respondents.	Motion for leave to appeal dismissed upon the ground that the order sought to be appealed from does not finally determine an action or proceeding within the meaning of the Constitution. Motion for a stay dismissed as academic.
Melvyn Kaufman, Appellant, v. Anne Fass, et al., Respondents.	Motion for leave to appeal denied.
Melvyn Kaufman, Appellant, v. Elizabeth Kehler, et al., Respondents.	Motion for the imposition of sanctions denied with one hundred dollars costs and necessary reproduction disbursements.
Tanya Martin et al., Appellants, v. State of New York, Respondent.	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements.
Michael Kane Color Litho, Inc., Appellant, v. Willowtex, Inc., et al., Respondents.	Motion for leave to appeal denied.
Carmen Miller, Appellant, v. Russell Miller, 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.
Morgenthow & Latham, et al., Appellants, v. The Bank of New York Company, Inc. et al., Respondents.	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements.
Michael C. Ottaviano, Plaintiff, v. Genex Cooperative, Inc., et al., Defendants. --------------------------------- Genex Cooperative, Inc., Third-Party Respondent, v. Praxair, 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.
In the Matter of Oyster Bay Associates Limited Partnership, et al., Respondents, v. Town Board of Town of Oyster Bay, et al., Appellants, Birchwood Civic Association at Jericho, Inc., et al., Intervenors-Appellants.	Motions 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 P&N Tiffany Properties, Inc., Appellant, v. Bill Williams, &c., et al., Respondents.	Motion for leave to appeal denied.
In the Matter of Joseph Wilson Plater, Appellant, v. Cortland Memorial Hospital, 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.
Russ & Russ P.C., Appellant, v. Jay Schadoff, Respondent.	Motion, insofar as it seeks leave to appeal from the March 3, 2003 Appellate Division order, dismissed upon the ground that it does not lie, appellant having previously moved for leave to appeal to this Court from the Appellate Division order from which leave to appeal is currently sought (__ NY2d __ [decided 7-1-03]); motion, insofar as it seeks leave to appeal from the June 27, 2003 Supreme Court order, dismissed upon the ground that such order does not finally determine the action within the meaning of the Constitution and thus does not constitute a final judgment within the meaning of CPLR 5602(a)(1)(ii).
In the Matter of Nilda S., Appellant, v. Dawn K., Respondent, Commissioner of the Administra- tion for Children's Services, Respondent.	Motion for leave to appeal denied.
In the Matter of the Arbitration between Cara Serazio-Plant, Respondent, -and- Cassandra L. Channing, Appellant.	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements.
Stop-The-Barge, by its President Kathleen Gilrain, et al., Appellants, v. John P. Cahill, as Commissioner of Environmental Conservation, et al., Respondents.	Motion to strike the brief of the New York State Department of Environmental Conservation denied.
Danielle Stray, Respondent, v. George Lutz 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.
Shumin Zhao, Respondent, v. Lijun Li, 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.