Court of Appeals Decision List
Decided December 18, 2003
Cases
The People &c., Respondent, v. Larry Andrew, a/k/a Larry Andrews, Appellant.	Order affirmed, in a memorandum. Chief Judge Kaye and Judges Smith, Ciparick, Rosenblatt, Graffeo and Read concur.
Carvel Corporation, Appellant, v. Elizabeth A. Noonan, et al., Respondents, et al., Defendants, et al., Special Masters.	Certification of questions 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.
In the Matter of Gabrielle HH., Alleged to be an Abandoned Child. Columbia County Department of Social Services, Respondent, Adam HH., Appellant.	On review of submissions pursuant to section 500.4 of the Rules, order affirmed, without costs, in a memorandum. Chief Judge Kaye and Judges Smith, Ciparick, Rosenblatt, Graffeo and Read concur.
Richard T. Lepkowski et al., Appellants, v. State of New York, Respondent.	Order affirmed, with costs. Opinion by Judge Read. Chief Judge Kaye and Judges Smith, Ciparick, Rosenblatt and Graffeo concur.
N.Y.A.A.D., Inc., d/b/a Automotive Recyclers' Association of New York, et al., Appellants, v. State of New York, et al., Respondents.	Order modified, with costs to defendants, by declaring valid Chapter 161 of the Laws of 1996 and, as so modified, affirmed. Opinion by Judge Smith. Chief Judge Kaye and Judges Ciparick, Rosenblatt, Graffeo and Read concur.
In the Matter of Gary Salino, Respondent, v. Robert J. Cimino, &c., et al., Appellants.	Order reversed, with costs, and judgment of Supreme Court, Suffolk County, reinstated. Opinion by Chief Judge Kaye. Judges Smith, Ciparick, Rosenblatt, Graffeo and Read concur.
The People &c., Appellant. v. Jeffrey Santos, 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, Rosenblatt, Graffeo and Read concur.
Motions
A & A Associates, Inc., Appellant, v. Olympic Plumbing & Heating Corp., et al., Respondents, et al., Defendant.	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements.
American Transit Insurance Company, Appellant, v. Anthony Sartor, Respondent, Utica Taxi Center, Inc., et al., Defendants.	Motion for leave to appeal granted.
The People &c., Respondent, v. Angelo Ammarito, Appellant.	Motion for assignment of counsel granted and Laura Johnson, Esq., The Legal Aid Society, 199 Water Street, New York, NY 10038 assigned as counsel to the appellant on the appeal herein.
In the Matter of Stacy B. --------------------------------- Livingston County Department of Social Services, Respondent; Kathy B., Appellant, et al., Respondent.	Motion for leave to appeal dismissed upon the ground that the proceeding and the motion have abated because of the death of the movant.
In the Matter of Timothy B., Brittany S. and Dalyn B. --------------------------------- David S., Appellant; Rose B., 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.
In the Matter of Terence Boddie, Appellant, v. New York State Division of Parole, Respondent.	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. Motion for poor person relief dismissed as academic.
Joanna Cieszkowska, Appellant, v. New York State Division of Human Rights, Respondent.	Motion for leave to appeal denied.
In the Matter of Norman D. (Anonymous), Appellant; Commissioner of the New York State Office of Mental Health, Respondent.	Motion for leave to appeal granted.
In the Matter of Eagle Insurance Company, Respondent, v. Mikhail Kapelevich, et al., Respondents; Unlimited Motors, Inc., Additional Respondent, Sentry Select Insurance Company et al., Appellants.	Motion for leave to appeal denied.
In the Matter of Lachell F. (Anonymous). Forestdale, Inc., et al., Respondents; Cheryl F. (Anonymous), Appellant, Larry G. (Anonymous), Respondent.	Motion for leave to appeal denied. Motion for poor person relief dismissed as academic.
In the Matter of Kevin E. Gallagher, &c., Appellant, v. The City of New York, et al., Respondents.	Motion for leave to appeal denied.
In the Matter of Catherine G., Individually and as Parent and Guardian of Brittany G. et al., Infants, Respondents, v. County of Essex et al., Appellants, et al., Respondents.	Motion for leave to appeal granted.
In the Matter of Catherine G., Individually and as Parent and Guardian of Brittany G. et al., Infants, Appellants-Respondents, v. County of Essex et al., Respondents, Lake Placid Central School District, et al., Respondents-Appellants.	Motions for leave to appeal granted.
In the Matter of Barry H., Appellant. --------------------------------- Erie County Attorney, Respondent.	Motion for leave to appeal denied.
Ashley Harris, &c., et al., Appellants, v. Phillip Llewellyn, Defendant, City of New York, Respondent.	Motion by the County of Albany, New York for leave to file a brief amicus curiae on the appeal herein granted and the proposed brief is accepted as filed.
Ronald W. Jones et al., Respondents, v. Lisa A. Davis, et al., Respondents, Town of Rotterdam, New York, 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.
Larry Langer, Respondent, v, Seth A. Miller, et al., Appellants.	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements.
Moshe Mandel, Appellant, v. Menachem Zcharya Silber, et al., Respondents.	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements.
In the Matter of Robert Mason, et al., Appellants, v. The Department of Buildings of the City of New York, et al., Respondents.	Motion for leave to appeal denied.
Mary Miceli, Respondent, v. State Farm Mutual Automobile Insurance Company, Appellant.	Motion for leave to appeal granted.
In the Matter of Roberto Morales, Appellant, v. Michael E. Bongiorno, 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. Motion for poor person relief dismissed as academic.
In the Matter of New York Civil Liberties Union, Appellant, v. City of Schenectady et al., Respondents.	Motion for leave to appeal granted.
North Atlantic Utilities, Inc., Appellant, v. Keyspan Corporation, d/b/a Keyspan Energy, et al., Respondents.	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements.
In the Matter of Notre Dame Leasing, LLC, Respondent, v. Alexandra Rosario, et al., Appellants.	Motion by The Legal Aid Society for leave to appear amicus curiae on the appeal herein granted to the extent that three copies of a brief may be served and 20 copies filed within 20 days.
In the Matter of George R. Osborne (admitted as George Richard Osborne, Jr.), an attorney and counselor-at-law. Departmental Disciplinary Committee for the First Judicial Department, Respondent, George R. Osborne, Esq., Appellant.	Appeal dismissed without costs, by the Court sua sponte, upon the ground that no substantial constitutional question is directly involved.
Maria Nancy Pelaez, &c., et al., Appellants, v. Laura Seide, et al., Defendants, County of Putnam, et al., Respondents.	Motion by New York City Coalition to End Lead Poisoning, et al. for leave to file a brief amici curiae on the appeal herein granted and the proposed brief is accepted as filed.
Maria Nancy Pelaez, &c., et al., Appellants, v. Laura Seide, et al., Defendants, County of Putnam, et al., Respondents.	Motion by the County of Onondaga, New York for leave to appear amicus curiae on the appeal herein granted to the extent that the proposed brief is accepted as filed.
Helen Salichs, Appellant, v. Warren James, 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.
Juan Santiago, Appellant, v. New York City Transit Authority, Respondent.	Motion for leave to appeal denied.
The People &c., Respondent, v. Jason Scala, Appellant.	Motion for an extension of time to appeal to the intermediate appellate court dismissed upon the ground that the motion does not lie in this Court (CPL 460.30[1]).
In the Matter of Injah E. Tafari, Appellant, v. Donald Selsky, &c., Respondent.	Motion for leave to appeal denied.
Trump Village Section 3, Inc., Appellant, v. New York State Housing Finance Agency, Respondent, and Tres, Inc., et al., Defendants.	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements. Chief Judge Kaye took no part.
The People &c., Respondent, v. Rene Valencia, Appellant.	Motion for assignment of counsel granted and Laura Johnson, Esq., The Legal Aid Society, 199 Water Street, New York, NY 10038 assigned as counsel to the appellant on the appeal herein.
Marco Varela, Respondent, v. Patrick J. Lynch, &c., 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.
In the Matter of David W. (Anonymous), Appellant.	Motion for leave to appeal denied. Motion for poor person relief dismissed as academic.
In the Matter of Incorporated Village of West Hampton Dunes, Respondent, v. H. Carl McCall, as State Comptroller, Appellant.	Motion for leave to appeal denied.