Court of Appeals Decision List
Decided July 1, 2003
Cases
Belt Painting Corp., Respondent, v. TIG Insurance Company, Appellant.	Order affirmed, with costs. Opinion by Chief Judge Kaye. Judges Smith, Ciparick, Rosenblatt, Graffeo and Read concur.
The People &c., Respondent, v. Robert Hartman, Appellant.	On review of submissions pursuant to section 500.4 of the Rules, appeal dismissed upon the ground that the reversal by the Appellate Division was not "on the law alone or upon the law and such facts which, but for the determination of law, would not have led to reversal" (CPL 450.90[2][a]). Chief Judge Kaye and Judges Smith, Ciparick, Rosenblatt, Graffeo and Read concur.
Paul Kellogg, Appellant, v. Brion D. Travis, &c., et al., Respondents.	On review of submissions pursuant to section 500.4 of the Rules, order affirmed, without costs. Opinion by Judge Rosenblatt. Chief Judge Kaye and Judges Smith, Ciparick, Graffeo and Read concur.
The People &c., Respondent, v. Mark Majors, Appellant.	Order affirmed. Defendant contends that the trial court ruled that he opened the door during voir dire to the People's introduction of proof of his prior bad acts, and thus committed reversible error. Defendant, however, failed to preserve the claim that he now presses on appeal. Chief Judge Kaye and Judges Smith, Ciparick, Rosenblatt, Graffeo and Read concur.
In the Matter of New York City Coalition to End Lead Poisoning, Inc., et al., Appellants, v. Peter Vallone, &c., et al., Respondents.	Order reversed, with costs, and case remitted to Supreme Court, New York County, for further proceedings in accordance with the opinion herein. Opinion by Judge Graffeo. Chief Judge Kaye and Judges Smith, Ciparick, Rosenblatt and Read concur.
In the Matter of Westmoreland Coal Company, &c. Westmoreland Coal Company, Respondent, v. Entech, Inc., Appellant.	Order reversed, with costs, and matter remitted to Supreme Court, New York County, for further proceedings in accordance with the opinion herein. Opinion by Judge Read. Chief Judge Kaye and Judges Smith, Ciparick, Rosenblatt and Graffeo concur.
Motions
In the Matter of William Blasi, a suspended attorney, for Reinstatement to the Bar of the State of New York, Appellant.	Motion for leave to appeal denied.
Bohemian Benevolent and Literary Association of the City of New York, Respondent, For Leave to Transfer Certain Real Property, &c. --------------------------------- Frank Kubernat et al., Plaintiffs, John Krondl, Appellant, v. Jan Porkorny et al., Respondents, The State of New York, Defendant.	Motion for leave to appeal denied.
Jeremy Brest, Respondent-Appellant, v. Peter Kleidman, Appellant-Respondent.	Motion for leave to renew motion for leave to appeal, treated as a motion for reargument, denied.
In the Matter of Samantha C., &c. Carmen N., &c., Respondent; Luis C., &c., Appellant; Saint Dominic's Home, Respondent.	Motion for leave to appeal denied. Motion for poor person relief dismissed as academic.
City One Real Estate, LLC, Respondent, v. 535 Carlton Avenue Realty Corp., Appellant, et al., Defendants. (Action No. 1) --------------------------------- City One Real Estate, LLC, Respondent, v. Pacific Carlton Development Corp., Appellant, et al., Defendants. (Action No. 2)	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements.
In the Matter of the Town Board of the Town of Clarkstown et al., Respondents, v. Rubin Sterngass, Appellant, et al., Defendant.	Motion to hold plaintiffs in contempt &c. denied.
In the Matter of Gregory P. Cunningham, Sr., Appellant, v. Michael L. Dwyer, Oneida County Judge, and Michael A. Arcuri, Oneida County District Attorney, Respondents.	Motion for reargument denied.
Cut-Outs, Inc., Appellant, v. Man Yun Real Estate Corp., Respondent.	Motion for leave to appeal denied.
Eller Media Company, Respondent, v. Bruckner Outdoor Signs, Inc., Appellant, National Land and Building Corporation, Respondent.	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements.
The People &c. ex rel. Isaac Govan, Appellant, v. Floyd Bennett, &c., Respondent.	Motion for leave to appeal denied. Judge Graffeo took no part.
Martin V. Lavin, Respondent, v. Yakov Elmakiss 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.
Manhattan Telecommunications Corporation, doing business as Mettel, Respondent, v. Best Payphones, Inc., Appellant.	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements.
Steen Melby, Appellant, v. Tom Duffy, Defendant, Town of Brookhaven, et al., Respondents.	Motion for leave to appeal denied.
Jamie Menkes, &c., et al., Plaintiffs, v. Ann L. Weissman, &c., et al., Defendants; Pegalis & Erickson, P.C., Nonparty Appellant; Harvey F. Wachsman, &c., Nonparty Respondent.	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements.
Salvatore Ognibene, Appellant, v. Samuel J. Novara, Esq., et al., Defendants, Town of Wheatfield Court, Respondent.	Motion for leave to appeal denied.
In the Matter of Village of Port Chester, &c., Respondent; Greatest Estate Services of America, Inc., 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 Village of Port Chester, &c., Respondent; Luis Perez, d/b/a Luis Luncheonette, 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 Village of Port Chester, &c., Respondent; Fabio Sorto, d/b/a Rinconcito Salvadoreno, Appellant.	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 Erika Price, et al., Appellants, v. Board of Education of City of Yonkers, Respondent.	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements.
In the Matter of Jessica Marie Q. (Anonymous). Westchester County Department of Social Services, Respondent; Edna M. Z. (Anonymous), Respondent; George E. Reed, Jr., Nonparty-Appellant. (Proceeding No. 1) --------------------------------- In the Matter of Leslie Ann Z. (Anonymous). Westchester County Department of Social Services, Respondent; Edna M. Z. (Anonymous), Respondent; George E. Reed, Jr., Nonparty-Appellant. (Proceeding No. 2) --------------------------------- In the Matter of Katie Lynn B. (Anonymous). Westchester County Department of Social Services, Respondent; Edna M. Z. (Anonymous), et al., Respondents; George E. Reed, Jr., Nonparty-Appellant. (Proceeding No. 3)	Motion for leave to appeal denied. Motion for poor person relief dismissed as academic.
Leslie C. Reilly, &c., Appellants, v. Newireen Associates, &c., et al., Respondents. (And A Third-Party Action.)	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements.
Russ & Russ P.C., Appellant, v. Jay Schadoff, 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.
In the Matter of the Claim of Victoria Spark, Appellant. Canter Valvano L.L.P., Respondent. Commissioner of Labor, Respondent.	Motion for reargument of motion for leave to appeal denied.
Abraham Stern, Respondent, v. Rebecca Stern, Appellant.	Motion for leave to appeal denied.
Zion Tsabbar, Appellant, v. David Delena, et al., Respondents.	Motion for leave to appeal denied.
2619 Realty, LLC, Appellant, v. Fidelity and Guaranty Insurance Company, Respondent.	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements.
V.A.L. Floors, Inc., Appellant, v. The Aetna Casualty and Surety Company, Respondent.	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements.