Court of Appeals Decision List
Decided November 20, 2003
Cases
Nicole David, &c., et al.,
Appellants,
v.
County of Suffolk,
Defendant,
Smithtown Central School
District,
Respondent.
Order affirmed, with costs, in a
memorandum.
Chief Judge Kaye and Judges Smith,
Ciparick, Rosenblatt, Graffeo and Read
concur.
Richard Esposito,
Appellant,
v.
New York City Industrial
Development Agency, et al.,
Respondents.
On review of submissions pursuant to
section 500.4 of the Rules, order
affirmed, with costs, in a memorandum.
Chief Judge Kaye and Judges Smith,
Ciparick, Rosenblatt, Graffeo and Read
concur.
First Financial Insurance
Company,
Respondent,
v.
Jetco Contracting Corp.,
Appellant,
and New York University and Gavin
Hanna,
Defendants.
(And a Third-Party Action)
Following certification of questions by
the United States Court of Appeals for the
Second Circuit and acceptance of the
questions by this Court pursuant to
section 500.17 of the Rules of Practice of
the New York State Court of Appeals, and
after hearing argument by counsel for the
parties and consideration of the briefs
and the record submitted, certified
question No. 1 answered in the negative
and certified question No. 2 answered in
the affirmative.
Opinion by Chief Judge Kaye.
Judges Smith, Ciparick, Rosenblatt,
Graffeo and Read concur.
Maureen O'Connell,
Respondent,
v.
Ellen Corcoran, as Executrix &c.
of the Estate of John J.
O'Connell,
Appellant.
Order reversed, with costs, and
defendant's motion to dismiss the
complaint granted.
Opinion by Judge Ciparick.
Chief Judge Kaye and Judges Rosenblatt,
Graffeo and Read concur.
Judge Smith dissents and votes to affirm
in an opinion.
The People &c.,
Respondent,
v.
Laura Stiggins,
Appellant.
Order reversed and a new trial ordered,
in a memorandum.
Chief Judge Kaye and Judges Smith,
Ciparick, Rosenblatt, Graffeo and Read
concur.
Twin Lakes Development Corp.,
Appellant,
v.
Town of Monroe,
Respondent.
Order affirmed, with costs.
Opinion by Judge Graffeo.
Chief Judge Kaye and Judges Smith,
Ciparick, Rosenblatt and Read concur.

In the Matter of The United
Federation of Teachers, Local 2,
AFT, AFL-CIO,
Appellant,
v.
The Board of Education of the
City School District of the
City of New York,
Respondent.
Order reversed, with costs, and order and
judgment of Supreme Court, New York
County, reinstated.
Opinion by Judge Read.
Chief Judge Kaye and Judges Smith,
Ciparick, Rosenblatt and Graffeo concur.
Motions
Jorge Aguirre et al.,
Plaintiffs,
v.
Castle American Construction,
LLC,
Third-Party Appellant,
et al.,
Defendants;
Miller Contracting,
Third-Party Respondent.
Motion for leave to appeal denied with
one hundred dollars costs and necessary
reproduction disbursements.
In the Matter of Jaime Aherin,
Appellant,
v.
County of Onondaga et al.,
Respondents.
Workers' Compensation Board,
Respondent.
Motion for leave to appeal denied.
Rupert Blake, et al.,
Appellants,
v.
Neighborhood Housing Services
of New York City, Inc.,
Respondent.
Motion by New York Trial Lawyers
Association for leave to file a brief
amicus curiae on the appeal herein
granted and the proposed brief is
accepted as filed.
Ona Brill et al.,
Appellants,
v.
City of New York,
Respondent,
et al.,
Defendants.
Motion for leave to appeal granted.
The People &c.,
Respondent,
v.
Michael Calabria,
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.
Jimmy A. Cottone et al.,
Appellants,
v.
C & C Spirits, Inc., d/b/a
Rockbottom Liquors,
Respondent.
Motion for leave to appeal denied with
one hundred dollars costs and necessary
reproduction disbursements.
Amelia DiMauro et al.,
Appellants,
v.
Trump's Castle Associates
Limited Partnership, &c.,
Respondent.
Motion for leave to appeal denied with
one hundred dollars costs and necessary
reproduction disbursements.
In the Matter of Evan Louis
Realty Corp.,
Respondent,
v.
Flagg Properties, LLC,
Appellant.
Motion for leave to appeal denied.
In the Matter of David Gallahan,
Appellant,
v.
Planning Board of the City of
Ithaca et al.,
Respondents.
Motion for leave to appeal denied with
one hundred dollars costs and necessary
reproduction disbursements.
Robert Katz,
Appellant,
v.
Max Management Corp.,
Respondent.
Motion for leave to appeal denied.
Iwona Krakowska,
Appellant,
v.
Malgorzta Niksa,
Defendant,
Alexander Salas et al.,
Respondents.
Motion for leave to appeal denied with
one hundred dollars costs and necessary
reproduction disbursements.
Tikva Kuperman,
Appellant,
v.
John F. Waller, M.D.,
Respondent.
Motion for leave to appeal denied.
In the Matter of K. L.
(Anonymous),
Appellant.
Glenn Martin, &c.,
Respondent,
Attorney General of the State
of New York,
Intervenor-Respondent.
Motion by New York Lawyers for the Public
Interest, Inc., et al. for leave to file
a brief amici curiae on the appeal
herein granted. Three copies of a brief
may be served and 20 copies filed within
30 days.
Jay L. Levy, DDS,
Appellant,
v.
P&R Dental Strategies, Inc.
et al.,
Respondents.
Motion for leave to appeal denied.
The People &c.,
Respondent,
v.
Patricio Linares,
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.
Elizabeth M. McCormick, &c.,
Appellant,
v.
The City of New York, et al.,
Respondents.
Motion for leave to appeal granted.
The People &c.,
Respondent,
v.
Lamale McCrae,
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 New York Health
and Hospitals Corporation,
Respondent,
v.
Doctors Council, 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 Henry OO.,
Appellant,
v.
Robert G. Main, as County Judge
of Franklin County,
Respondent.
Motion for leave to appeal denied.
In the Matter of Eddie Ortiz,
Appellant,
v.
George Duncan, &c.,
Respondent.
Motion for leave to appeal denied.
Bruce E. Patterson,
Respondent,
v.
Salvatore Palmieri 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 Reginald
Pauljajoute,
Appellant,
v.
Glenn S. Goord, &c.,
Respondent.
Motion for leave to appeal denied.
In the Matter of Mary Pelli,
Appellant,
v.
St. Luke's Memorial Hospital
Center et al.,
Respondents.
Workers' Compensation Board,
Respondent.
Motion for leave to appeal denied.
The People &c.,
Respondent,
v.
Eric Providence,
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.
Joseph Michael Quintavalle
et al.,
Appellants,
v.
Mitchell Backhoe Service, Inc.
et al.,
Respondents.
---------------------------------
(And a third-party action.)
Motion for leave to appeal denied.
In the Matter of John L.
Reynolds,
Appellant,
v.
Ernest J. Dustman, &c. et al.,
Respondents.
Motion by John L. Reynolds for assignment
of counsel &c. denied.
The People ex rel. &c. Andrew
Sandson,
Appellant,
v.
George Duncan, &c.,
Respondent.
Motion for leave to appeal denied.
Motion for poor person relief dismissed
as academic.
State Farm Fire Casualty and
Insurance Company,
Respondent,
v.
Travelers Property Casualty
Insurance Company,
Appellant,
et al.,
Defendants.
Motion for leave to appeal denied with
one hundred dollars costs and necessary
reproduction disbursements.
Linda Testagrosa,
Appellant,
v.
Brookwood Communities, Inc.,
et al.,
Respondents.
Motion for leave to appeal denied.
In the Matter of John G. Tottey,
Appellant,
v.
Mark Varvayanis et al.,
Respondents.
(Proceeding No. 1)
---------------------------------
In the Matter of John G. Tottey,
Appellant,
v.
Jack A. Bush, as Superintendent
of the Town of Dryden Highway
Department,
Respondent.
(Proceeding No. 2)
Motion for leave to appeal denied.
In the Matter of Leonza Watkins,
Appellant,
v.
Glenn S. Goord, &c., et al.,
Respondents.
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.
In the Matter of Freeman Webb,
Appellant,
v.
Glenn S. Goord, Commissioner,
New York State Department of
Correctional Services, et al.,
Respondents.
On the Court's own motion, appeal
dismissed, without costs, upon the ground
that no substantial constitutional
question is directly involved.
Motion for poor person relief dismissed
as academic.
The People &c.,
Respondent,
v.
Angel Wilson, a/k/a Angel
Rodriguez,
Appellant.
Motion for an extension of the time
within which to apply for permission to
appeal pursuant to CPL 460.20 dismissed
as untimely.


Tina Wooten, Individually &c.
of James A. Wooten, Deceased,
Appellant,
v.
State of New York,
Respondent.
Motion for leave to appeal denied.