Court of Appeals Decision List
Decided December 22, 2003
Cases
Sean Fullan, et al.,
Respondents,
v.
142 East 27th Street Associates,
et al.,
Defendants,
27 Realty, LLC, et al.,
Appellants.
Judgment appealed from and order of the
Appellate Division brought up for review
reversed, with costs, and appellants'
motion for summary judgment dismissing the
complaint against them granted.
Opinion by Judge Ciparick.
Chief Judge Kaye and Judges Smith,
Rosenblatt, Graffeo and Read concur.
The People &c.,
Respondent,
v.
James Johnson,
Appellant.
Order reversed, defendant's motion to
suppress granted and indictment dismissed.
Opinion by Judge Smith.
Chief Judge Kaye and Judges Ciparick,
Rosenblatt, Graffeo and Read concur.
The People &c.,
Respondent,
v.
Robert Johnson,
Appellant.
Order affirmed.
Opinion by Chief Judge Kaye.
Judges Ciparick, Rosenblatt, Graffeo
and Read concur.
Judge Smith dissents and votes to reverse
in an opinion.
In the Matter of James A.
Losurdo,
Appellant,
v.
Asbestos Free, Inc.,
Respondent.
Workers' Compensation Board,
Respondent.
Order reversed, with costs, and matter
remitted to the Appellate Division, Third
Department, with directions to remand to
the Workers' Compensation Board for
further proceedings in accordance with the
opinion herein.
Opinion by Judge Read.
Chief Judge Kaye and Judges Smith,
Ciparick, Rosenblatt and Graffeo concur.
In the Matter of Florencia
Machado,
Appellant,
v.
Pleasantville Ford, Inc., et al.,
Respondents.
Workers' Compensation Board,
Respondent.
On review of submissions pursuant to
section 500.4 of the Rules, order
reversed, with costs, and matter
remitted to the Appellate Division,
Third Department, with directions to
remand to the Workers' Compensation
Board for further proceedings in
accordance with the opinion herein.
Opinion by Judge Read.
Chief Judge Kaye and Judges Smith,
Ciparick, Rosenblatt and Graffeo
concur.

In the Matter of Francisco
Rodriguez,
Respondent,
v.
Burn-Brite Metals Company, Inc.
et al.,
Appellants.
Workers' Compensation Board,
Respondent.
Order affirmed, with costs, in a
memorandum.
Chief Judge Kaye and Judges Smith,
Ciparick, Rosenblatt, Graffeo and
Read concur.
Motions
Chris S. Amo,
Respondent,
v.
Little Rapids Corporation
et al.,
Appellants.
---------------------------------
(And Two Third-Party Actions.)
Motion by Chris S. Amo to dismiss the
appeal taken by Laframboise Group, Ltd.
granted and appeal dismissed, with four
hundred dollars costs and one hundred
dollars costs of motion, upon the ground
that a CPLR 5601(d) appeal does not
properly lie here.
Judge Graffeo took no part.
Chris S. Amo,
Respondent,
v.
Little Rapids Corporation
et al.,
Defendants,
Laframboise Group, Ltd.,
Appellant.
(And Two Third-Party Actions.)
Motion by Laframboise Group, Ltd. for
leave to appeal dismissed upon the ground
that it does not lie. Movant previously
sought leave to appeal to this Court from
the Appellate Division order from which
leave to appeal is sought and this Court
previously reviewed the issues raised by
that order (100 NY2d 531).
Judge Graffeo took no part.
Amo v Little Rapids Corporation
---------------------------------
Little Rapids Corporation v
Laframboise Group, Ltd.
(Third-Party Action)
---------------------------------
Little Rapids Corporation et al.,
Second Third-Party Respondents,
v.
MRL Constructors of New York
Ltd.,
Second Third-Party Appellant.
Motion by MRL Constructors of New York,
Ltd. for leave to appeal dismissed upon
the ground that it does not lie. Movant
previously sought leave to appeal to this
Court from the Appellate Division order
from which leave to appeal is sought and
this Court previously reviewed the issues
raised by that order (100 NY2d 531).
Judge Graffeo took no part.
Chris S. Amo,
Respondent,
v.
Little Rapids Corporation
et al.,
Appellants.
---------------------------------
(And Two Third-Party Actions.)
Motion by Chris S. Amo to dismiss the
appeal taken by MRL Constructors of New
York, Ltd. granted and appeal dismissed,
with four hundred dollars costs and one
hundred dollars costs of motion, upon the
ground that a CPLR 5601(d) appeal does
not properly lie here.
Judge Graffeo took no part.
Chris S. Amo,
Respondent,
v.
Little Rapids Corporation,
Appellant,
et al.,
Defendants.
---------------------------------
(And Two Third-Party Actions.)
Motion by Little Rapids Corporation for
leave to appeal dismissed upon the ground
that it does not lie. Movant previously
sought leave to appeal to this Court from
the Appellate Division order from which
leave to appeal is sought and this Court
previously reviewed the issues raised by
that order (100 NY2d 531).
Judge Graffeo took no part.
Chris S. Amo,
Respondent,
v.
Little Rapids Corporation,
Appellant,
et al.,
Defendants.
---------------------------------
(And Two Third-Party Actions.)
Motion by Chris S. Amo to dismiss the
appeal taken by Little Rapids Corporation
granted and appeal dismissed, with four
hundred dollars costs and one hundred
dollars costs of motion, upon the ground
that a CPLR 5601(d) appeal does not
properly lie here.
Judge Graffeo took no part.
Maria Victoria Anglero, &c.,
Appellant,
v.
New York City Board of Education,
Respondent.
Motion for leave to appeal granted.
Robert Banushi, et al.,
Appellants,
v.
Kosta Lambrakos, et al.,
Respondents.
Motion for leave to appeal denied with
one hundred dollars costs and necessary
reproduction disbursements.
Betlem Service Corp.,
Respondent,
v.
Theodore Kustas et al.,
Appellants.
Motion for leave to appeal dismissed upon
the ground that this Court does not have
jurisdiction to entertain this motion for
leave to appeal from the order of the
Appellate Division entered in this
action commenced in the Rochester City
Court (NY Const, art VI, sec. 3[b][7];
CPLR 5602[a]).
Salvatore Bommarito et al.,
Appellants,
v.
Park Avenue Plaza Company,
Respondent,
et al.,
Defendant.
(And A Third-Party Action).
Motion for leave to appeal denied with
one hundred dollars costs and necessary
reproduction disbursements.
In the Matter of Leslie Cole-
Hatchard, on Behalf of Douglas J.
Cole-Hatchard Jr., Deceased,
Appellant,
v.
H. Carl McCall, &c.,
Respondent.
Motion for reargument of motion for leave
to appeal denied.
Susan Drummond,
Appellant,
v.
Kenneth J. Drummond,
Defendant;
Philip Sands,
Nonparty-Appellant,
Patricia Latzman,
Nonparty-Respondent.
Motion for leave to appeal denied.
In the Matter of Francis J.
Flynn,
Appellant,
v.
Alan G. Hevesi, &c.,
Respondent.
Motion for leave to appeal denied.
The People &c. ex rel. Richard
Gloss,
Appellant,
v.
Joseph Costello, Superintendent,
&c.,
Respondent.
Motion for leave to appeal denied.
Khema Goldburt,
Appellant,
v.
County of Nassau, et al.,
Respondents,
et al.,
Defendants.
---------------------------------
Alla Goldburt, &c.,
Appellant,
v.
County of Nassau,
Respondent,
et al.,
Defendants.
---------------------------------
(And A Third-Party Action).
Motion for leave to appeal denied.
Margaret Burns Hartigan,
Appellant,
v.
Manhattan Embassy Co. et al.,
Respondents.
Motion for leave to appeal denied.
Stephen Hellerstein,
Respondent,
v.
Maria Hellerstein,
Defendant.
---------------------------------
Polly N. Passonneau, P.C.,
Non-Party Appellant.
Motion for leave to appeal denied.
Carl R. Hollander,
Respondent,
v.
The Robert Plan Corporation,
et al.,
Appellants.
Motion for leave to appeal denied.
Jaroslaw Karas, et al.,
Appellants,
v.
M.A. Angeliades, Inc.,
Respondent.
Motion for leave to appeal denied with
one hundred dollars costs and necessary
reproduction disbursements.
Melvyn Kaufman,
Appellant,
v.
Elizabeth Kehler, et al.,
Respondents.
Motion for leave to appeal denied with
one hundred dollars costs and necessary
reproduction disbursements.
Kazakhstan Investment Fund
Limited,
Appellant,
v.
Gerard Manolovici,
Respondent.
Motion for leave to appeal granted.
In the Matter of William Lipton,
Appellant,
v.
Carmel Professional Office Park,
Inc.,
Respondent.
Motion for leave to appeal denied.
M&M Real Estate, LLC,
Appellant,
v.
895 Broadway LLC,
Respondent.
Motion for leave to appeal denied.
M&T Real Estate, Inc.,
Appellant,
v.
JJF Associates, LLC, et al.,
Respondents.
Motion for leave to appeal denied with
one hundred dollars costs and necessary
reproduction disbursements.
Cesar Alfred Mendez, a/k/a Alfred
Herrera Rodriguez,
Appellant,
v.
Town of Islip,
Respondent,
Juan Rivas, et al.,
Defendants.
Motion for leave to appeal denied.
In the Matter of County of
Monroe, &c.,
Appellant,
v.
Board of Trustees of State
University of New York, et al.,
Respondents.
Motion for leave to appeal denied.
Antonia G. Montasano,
Appellant,
v.
Steven A. Napoli, et al.,
Respondents.
Motion for reargument of motion for leave
to appeal denied.
Hermino Negron, &c., et al.,
Plaintiffs,
v.
Metro Women's Center,
Defendant,
and David Benjamin, &c.,
Appellant;
The City of New York, &c.,
et al.,
Third-Party Respondents.
Motion by David Benjamin, insofar as it
seeks leave to appeal on behalf of
Jacqueline Benjamin, dismissed upon the
ground that David Benjamin is not
authorized to represent Jacqueline
Benjamin; motion for leave to appeal
otherwise denied.
Motion for poor person relief dismissed
as academic.
NYCTL 1996-1 Trust, &c.,
Respondent,
v.
Andrew-Zuck Realty Corp., et al.,
Appellants,
The People &c., et al.,
Defendants.
Motion for reconsideration of this Court's
September 9, 2003 dismissal order denied.
Motion for leave to appeal denied.
Christopher Principato,
Appellant,
v.
National Grange Mutual Insurance
Co. 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 action within the meaning of the
Constitution.
Paul Priore,
Appellant,
v.
The New York Yankees, et al.,
Respondents.
Motion by the Anti-Discrimination Center
of Metro New York, Inc., insofar as it
seeks leave to file a memorandum of law
amicus curiae on the motion for leave
to appeal herein, granted and the
memorandum of law is accepted as filed;
motion, insofar as it seeks leave to
appear amicus curiae on the appeal
herein, dismissed as academic.
Paul Priore,
Appellant,
v.
The New York Yankees, et al.,
Respondents.
Motion for leave to appeal denied with
one hundred dollars costs and necessary
reproduction disbursements.
In the Matter of Alfredo
Rodriguez,
Appellant,
v.
Michael Mullen, &c., et al.,
Respondents.
Motion for leave to appeal denied.
Motion for poor person relief dismissed
as academic.
In the Matter of Jay Alan
Rosenblum, M.D.,
Appellant,
v.
New York State Workers'
Compensation Board,
Respondent.
Motion for leave to appeal granted.
John Salvador, Jr. et al.,
Appellants,
v.
Uncle Sam's Auctions & Realty,
Inc., By and Through its Officer,
Ralph F. Passonno, Jr.,
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.
John Signorile et al.,
Appellants,
v.
Jagnarine Roy et al.,
Respondents.
Motion for leave to appeal denied with
one hundred dollars costs and necessary
reproduction disbursements.


Richard Washington,
Appellant,
v.
Community Mutual Savings Bank,
Respondent,
et al.,
Defendant.
Motion for leave to appeal denied with
one hundred dollars costs and necessary
reproduction disbursements.