Court of Appeals Decision List
Decided October 21, 2003
Cases
In the Matter of Medical Society
of the State of New York, et al.,
Appellants,
v.
Gregory Serio, &c., et al.,
Respondents.
Order affirmed, with costs.
Opinion by Chief Judge Kaye.
Judges Smith, Ciparick, Rosenblatt,
Graffeo and Read concur.
Norberto Prats and Selene Prats,
Appellants,
v.
The Port Authority of New York
and New Jersey,
Respondent.

Following certification of a question by
the United States Court of Appeals for the
Second Circuit and acceptance of the
question 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 answered in the affirmative.
Opinion by Judge Rosenblatt.
Chief Judge Kaye and Judges Smith,
Ciparick, Graffeo and Read concur.
The People &c.,
Respondent,
v.
William Henry Richardson,
Appellant.
Order modified by remitting to Supreme
Court, New York County, for further
proceedings in accordance with the
opinion herein and, as so modified,
affirmed.
Opinion by Judge Graffeo.
Chief Judge Kaye and Judges Smith,
Ciparick, Rosenblatt and Read concur.
Robert Striegel,
Respondent,
v.
Hillcrest Heights Development
Corporation,
Appellant.
Judgment appealed from and order of the
Appellate Division brought up for review
affirmed, with costs.
Opinion by Judge Smith.
Chief Judge Kaye and Judges Ciparick,
Rosenblatt, Graffeo and Read concur.
Honorable Roseanna H. Washington,
Judge of the White Plains City
Court, Westchester County,
Petitioner,
For Review of a Determination of
State Commission on Judicial
Conduct,
Respondent.
Determined sanction accepted, without
costs, and Roseanna H. Washington removed
from the office of Judge of the White
Plains City Court, Westchester County.
Opinion Per Curiam.
Chief Judge Kaye and Judges Smith,
Ciparick, Rosenblatt, Graffeo and Read
concur.

In the Matter of Louise Zaccaro,
as Executor of the Estate of
Frank Zaccaro,
Appellant,
v.
John P. Cahill, as Commissioner
of Environmental Conservation,
Respondent.
Judgment affirmed, without costs.
Opinion by Judge Read.
Chief Judge Kaye and Judges Smith,
Ciparick, Rosenblatt and Graffeo concur.
Motions
The People &c.,
Respondent,
v.
Charles B. Acomb,
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 Michael Angelo,
Appellant,
v.
Bernard Kerik, &c., et al.,
Respondents.
Motion for leave to appeal denied.
Mary Apicella,
Appellant,
v.
Estate of Jerry V. Apicella,
et al.,
Defendants,
John Apicella, et al.,
Respondents.
Motion for leave to appeal denied.
Bankers Trust Corporation, &c.,
Appellant,
v.
New York City Department of
Finance, et al.,
Respondents.
Motion by State of New York for leave to
file a brief amicus curiae on the appeal
herein granted and the proposed brief is
accepted as filed.
In the Matter of Domingo Borges,
Appellant,
v.
Michael McGinnis, &c., et al.,
Respondents.
Motion for leave to appeal denied.
Motion for poor person relief dismissed
as academic.
In the Matter of Brighton
Residents Against Violence to
Children, Inc.,
Appellant,
v.
MW Properties, LLC, et al.,
Respondents.
Motion for leave to appeal denied with
one hundred dollars costs and necessary
reproduction disbursements.
In the Matter of Thomas Butti,
Appellant,
v.
Glenn S. Goord, Commissioner,
New York State Department of
Correctional Services,
Respondent.
Motion for leave to appeal denied.
Motion for poor person relief dismissed
as academic.
Shyron Bynog, et al.,
Appellants-Respondents,
v.
Cipriani Group, Inc., et al.,
Respondents-Appellants,
M.J. Alexander & Co., Inc.,
et al.,
Defendants.
---------------------------------
(and another action.)
Motion by State of New York for leave to
appear amicus curiae on the appeal
herein granted to the extent that the
proposed brief is accepted as filed.
Chief Judge Kaye took no part.
Shyron Bynog, et al.,
Appellants-Respondents,
v.
Cipriani Group, Inc., et al.,
Respondents-Appellants,
M.J. Alexander & Co., Inc.,
et al.,
Defendants.
---------------------------------
(and another action.)
Motion by The Fireman Group-Caf�
Concepts, Inc. for leave to appear
amicus curiae on the appeal herein
granted to the extent that the proposed
brief is accepted as filed.
Chief Judge Kaye took no part.
In the Matter of David Clohesy,
Respondent,
v.
Consolidated Edison Company of
New York,
Appellant.
Workers' Compensation Board,
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 Elvia Colas, on
behalf of Alisha Bermudez et al.,
Infants,
Appellant,
v.
Dunrite Watermain et al.,
Respondents.
Workers' Compensation Board,
Respondent.
Motion for leave to appeal denied.
Pamela Cosby,
Appellant,
v.
R.G. Delivery Service, Inc.,
Respondent;
Lerner New York,
Third-Party 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 Renee Donhauser,
Appellant,
v.
McLane Northeast et al.,
Respondents.
Workers' Compensation Board,
Respondent.
Motion for leave to appeal denied.
In the Matter of Frances Ebisike,
Appellant.
Commissioner of Labor,
Respondent.
Motion for leave to appeal denied.
Michael Erdheim,
Appellant,
v.
William Gelfman,
Respondent.
Motion for leave to appeal denied.
Motion for poor person relief dismissed
as academic.
In the Matter of James Fighera,
Appellant,
v.
New York City Department of
Environmental Protection,
Respondent.
Workers' Compensation Board,
Respondent.
Motion for leave to appeal denied.
Clifford Germeo et al.,
Appellants,
v.
Village of Albion,
Respondent,
et al.,
Defendants.
Motion for leave to appeal denied with
one hundred dollars costs and necessary
reproduction disbursements.
In the Matter of Melody Gioia,
et al.,
Appellants,
v.
Joseph Lynch, &c., et al.,
Respondents.
Motion for leave to appeal denied.
Martha L. Golar,
Respondent,
v.
Law Offices of Murray Schwartz,
et al.,
Appellants.
Motion for leave to appeal denied with
one hundred dollars costs and necessary
reproduction disbursements.
Chief Judge Kaye took no part.
In the Matter of Juan M.
Gonzalez,
Appellant,
v.
Glenn S. Goord, &c.,
Respondent.
Motion for leave to appeal denied.
In the Matter of Vidal Hernandez,
Appellant,
v.
Donald Selsky, &c.,
Respondent.
Motion for leave to appeal denied.
Motion for poor person relief dismissed
as academic.
Amy N. Holterman,
Respondent,
v.
Robert K. Holterman,
Appellant.
Motion for leave to appeal granted.
In the Matter of Dogan Iusuf,
Appellant,
Commissioner of Labor,
Respondent.
Motion for leave to appeal denied.
In the Matter of John Klein,
Respondent,
v.
Neil D. Levin, &c.,
Appellant.
Motion for leave to appeal denied.
The People &c.,
Appellant,
v.
Ezekiel Kollar,
Respondent.
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
respondent on the appeal herein.
Raymond Nazario, et al.,
Appellants,
v.
Telmo Chavez, et al.,
Respondents.
Motion for leave to appeal denied with
one hundred dollars costs and necessary
reproduction disbursements.
The People &c.,
Respondent,
v.
Charles Parker,
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., by Eliot Spitzer,
Attorney General of the State of
New York,
Appellants,
v.
Sturm, Ruger & Company, Inc.,
et al.,
Respondents.
Motion for leave to appeal denied.
The People &c.,
Respondent,
v.
Marcos Poventud,
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.
Mary Anne Quirk,
Appellant,
v.
Emergency Housing Group, Inc.
et al.,
Respondents.
Motion for leave to appeal denied.
Iraida Rosa et al.,
Appellants,
v.
Anthony P. Averso,
Respondent.
Motion for leave to appeal denied.
Leroy Russell, Sr.,
Appellant,
v.
The State of New York,
Respondent.
Motion for leave to appeal denied.
The People &c. ex rel. James
Schultz,
Appellant,
v.
James L. Berbary, Superintendent,
&c. et al.,
Respondents.
Motion for leave to appeal denied.
Solow Building Company, LLC
et al.,
Appellants,
v.
Morgan Guaranty Trust Company
of New York,
Respondent.
Motion for leave to appeal denied.
Herbert Earl Spaulding,
Appellant,
v.
S.H.S. Bay Ridge LLC,
Respondent.
Motion for leave to appeal denied.
Deborah Visken,
Appellant,
v.
Oriole Realty Corp. et al.,
Respondents,
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.
The People &c. ex rel. Ricardo
Washington,
Appellant,
v.
H. McCarthy Gipson, &c. et al.,
Respondents.
Motion for leave to appeal denied.
The People &c.,
Respondent,
v.
Michael Wheeler,
Appellant.
Motion for assignment of counsel granted
and Lynn W.L. Fahey, Esq. and Cecelia B.
Loving, Esq., Appellate Advocates, 2
Rector Street, 10th Floor, New York, NY
10006 assigned as counsel to the appellant
on the appeal herein.


Sarah Wolinsky, et al.,
Appellants,
David Leven,
Plaintiff,
v.
Kee Yip Realty Corp.,
Respondent.
Motion for leave to appeal granted.