Court of Appeals Decision List
Decided September 18, 2003
Cases
The People &c., Respondent, v. Desmond Jones, Appellant.	On review of submissions pursuant to section 500.4 of the Rules, appeal dismissed, in a memorandum. Chief Judge Kaye and Judges Smith, Ciparick, Rosenblatt, Graffeo and Read concur.
Motions
Ackleema Ally, &c., Appellant, v. Richard S. Graver, et al., Respondents.	Motion for leave to appeal denied.
Daniel A. Boons, Respondent, v. John A. Martocci, Also Known As John Martin, et al., Appellants, et al., Defendants.	Motion for reargument denied. Judge Graffeo took no part.
Bower Associates, Appellant, v. Town of Pleasant Valley et al., Respondents.	Motion for leave to appeal granted.
Coastal Oil New York, Inc., Respondent, v. Diversified Fuel Carriers Corp. et al., Defendants, James K. Smith, Appellant.	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements.
In the Matter of Cornerstone of Medical Arts Center Hospital, Inc., Appellant, v. Antonia C. Novello, M.D., &c., Respondent.	Motion for leave to appeal denied.
Credit-Based Asset Servicing and Securitization, LLC, Respondent, v. Marie Louise Chaudry, 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.
Carlos Cruz et al., Respondents, v. Manor Energy Inc., Appellant, John Doe, Defendant. (And A Third-Party Action.)	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements.
Domen Holding Co., &c., Appellant, v. Irene S. Aranovich, Respondent, Jorge Aranovich, et al., Defendants.	Motion by Legal Aid Society, et al. for leave to file a brief amici curiae on the appeal herein granted and the proposed brief is accepted as filed.
805 Third Avenue Co., Appellant, v. Ernst & Young LLP, &c., et al., Respondents.	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements.
Ray Evans, et al., Appellants, v. Famous Music Corporation, Respondent.	Motion by National Music Publishers' Association Inc. for leave to appear amicus curiae on the appeal herein granted to the extent that the proposed brief is accepted as filed.
The People &c., Respondent, v. Bronson Frank, 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.
Julie A. Galvin, Appellant, v. Christine S. Zacholl, Respondent.	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements.
In the Matter of Ashley C. Q. G. (Anonymous). Administration for Children's Services, et al., Respondents; Kimberly Michelle G. (Anonymous), Appellant.	Motion for leave to appeal denied. Motion for poor person relief dismissed as academic.
In the Matter of Pleasant Edward G. (Anonymous). Dutchess County Department of Social Services, Respondent; Carlethia G. (Anonymous), a/k/a Carlethia L.P. (Anonymous), Appellant.	Motion for leave to appeal denied. Motion for poor person relief dismissed as academic.
Tracy Glasheen, et al., Appellants, v. Long Island Diagnostic Imaging, et al., Defendants, Stuart P. Seiden, M.D., Respondent. (Action No. 1) --------------------------------- Tracy Glasheen et al., Appellants, v. Albert Adler, M.D., Respondent. (Action No. 2)	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements.
In the Matter of Rita A. Goldman, et al., Appellants, Carol Rhodes, et al., Petitioners, v. Town of Amherst, et al., Respondents.	Motion for leave to appeal denied.
Gabriel F. Haughton, Appellant, v. Merrill Lynch, Pierce, Fenner & Smith Incorporated, et al., Respondents, Morgan Guaranty Trust Company of New York et al., Defendants.	Motion, insofar as it seeks leave to appeal from that part of the Appellate Division order that affirmed that portion of Supreme Court's June 11, 2001 order that denied appellant's motion to amend the complaint, dismissed upon the ground that such portion of the 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.
Highbridge-Woodycrest Center, Inc., Appellant, v. Antonia C. Novello, M.D., &c., et al., Respondents.	Motion for leave to appeal denied.
Home Depot, U.S.A., Inc., Appellant, v. Edward B. Dunn, &c., et al., Respondents.	Motion for leave to appeal granted.
The People &c., Respondent, v. Elliot Horsey, 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 Gabrielle HH., Alleged to be an Abandoned Child. Columbia County Department of Social Services, Respondent; Adam HH., Appellant.	Motion for leave to appeal granted.
Ronald Jackson, Appellant, v. State of New York, Respondent.	Appeal dismissed without costs, by the Court sua sponte, 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).
Jeffrey P. Kraham, Individually and as County Executive of the County of Broome, et al., Appellants, v. Patrick H. Mathews, as Broome County Judge, et al., Respondents.	Motion for leave to appeal denied.
In the Matter of Elizabeth Markow-Brown, Appellant, v. Board of Education, Port Jefferson Public Schools et al., Respondents.	Motion for leave to appeal denied.
Todd B. Marsh, Individually and on behalf of all others similarly situated, Appellant, v. Prudential Securities Incorporated, Respondent.	Motion by New York State Commissioner of Labor for leave to file a brief amicus curiae on consideration of certified question herein granted and the proposed brief is accepted as filed.
Todd B. Marsh, Individually and on behalf of all others similarly situated, Appellant, v. Prudential Securities Incorporated, Respondent.	Motion by Securities Industry Association for leave to appear amicus curiae on consideration of certified question herein granted to the extent that the proposed brief is accepted as filed.
Anthony Mazzone, &c., Appellant, v. Michael Lazaroff, et al., Respondents. --------------------------------- (And a third-party action.)	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements.
The People &c. ex rel. Robert McClain, Appellant, v. Joseph E. McCoy, &c., Respondent.	Motion for leave to appeal denied.
Arax Minassian, Respondent, v. Myron H. Temares, et al., Appellants, et al., Defendants.	Appeal, insofar as taken from the April 2003 order of the Appellate Division modifying and affirming as modified the order and resettled judgment of Supreme Court, dismissed without costs, by the Court sua sponte, upon the ground that no substantial constitutional question is directly involved; appeal, insofar as taken from the June 2003 order of the Appellate Division denying reargument or leave to appeal, dismissed without costs, by the Court sua sponte, upon the ground that such order does not finally determine the action within the meaning of the Constitution.
Mary Prendergast, et al., Appellants, v. Mukund R. Patel, &c., et al., Respondents, et al., Defendants.	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements.
Ada Rodriguez, Appellant, v. The Trustees of Columbia University in the City of New York, et al., Respondents.	Motion for reargument &c. denied.
In the Matter of John Rosato, Respondent, v. Thunderbird Construction Company et al., Appellants, 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.
RJC Realty Holding Corp., d/b/a Pure Maximus Spa/Salon, Appellant, v. Republic Franklin Insurance Company et al., Respondents, et al., Defendants.	Motion for leave to appeal granted. Judge Rosenblatt took no part.
The People &c., Respondent, v. Robert Saunders, 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. Kenneth Smith, Appellant.	Motion for assignment of counsel granted and Robert E. Carrigan, Esq., 20 Jefferson Street, Suite A-2, Hackensack, NJ 07601 assigned as counsel to the appellant on the appeal herein.
The People &c., Respondent, v. Jason Stubbs, 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 Justice T. and Justin T. -------------------------------- Erie County Department of Social Services, Respondent; Felisa T., Appellant.	Motion for leave to appeal denied.
In the Matter of Nicholas Tartaglione, Respondent, v. The Board of Commissioners of the Police Department of the Village of Briarcliff Manor, Appellant.	Motion for leave to appeal denied.
In the Matter of Denise M. Theroux, et al., Appellants, v. Edward Reilly, &c., et al., Respondents. --------------------------------- In the Matter of David Wagman, Appellant, v. John A. Kapica, &c., et al., Respondents. --------------------------------- In the Matter of Loren S. James, Appellant, v. County of Yates Sheriff's Department and County of Yates, Respondents.	Motion by Police Conference of New York, Inc. for leave to appear amicus curiae on the appeals herein granted to the extent that the proposed brief is accepted as filed.
In the Matter of Welltech, Inc. et al., Appellants, v. National Union Fire Insurance Company of Pittsburgh, PA, &c., Respondent.	Motion for leave to appeal denied.
In the Matter of Eighth Judicial District Asbestos Litigation --------------------------------- In the Matter of Settlement Group I: Theodore Willard, et al., Respondents, v. GAF Corporation, Appellant, et al., Defendants. --------------------------------- Center for Claims Resolution, Respondent.	Motion for leave to appeal dismissed upon the ground that the order sought to be appealed from does not finally determine the actions within the meaning of the Constitution.