Court of Appeals Decision List
Decided October 23, 2003
Cases
The People &c., Respondent, v. Ronald Foster, 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.
Beverly Garricks, Respondent, v. The City of New York, Appellant.	Order reversed, with costs, and a new trial ordered. Opinion by Judge Graffeo. Chief Judge Kaye and Judges Smith, Rosenblatt and Read concur. Judge Ciparick took no part.
The People &c., Respondent, v. Jacqueline Mendez, Appellant.	Order affirmed. Opinion by Judge Rosenblatt. Chief Judge Kaye and Judges Smith, Ciparick, Graffeo and Read concur.
Stephen Stalikas, Jr. and Heidi Stalikas, Appellants, v. United Materials, L.L.C., et al. Defendants, and Michael Deakin, Respondent. (Appeal No. 1) --------------------------------- Stephen Stalikas, Jr. and Heidi Stalikas, Appellants, v. United Materials, L.L.C., James Pierce, Respondents, et al., Defendants. (Appeal No. 2)	On review of submissions pursuant to section 500.4 of the Rules, orders affirmed, with costs, in a memorandum. Chief Judge Kaye and Judges Smith, Ciparick, Rosenblatt, Graffeo and Read concur.
The People &c., Respondent, v. Segundo Jose Velasquez, 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.
Motions
The People &c., Respondent, v. Lenworth Aarons, Appellant.	Motion for assignment of counsel granted and Julian A. Hertz, Esq., 15 Sherwood Drive, Larchmont, New York 10538 assigned as counsel to the appellant on the appeal herein.
Anastacio Ayala, Jr., Appellant, v. Glenn Delgado, et al., Respondents.	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements.
Constance Biggs, &c., Appellant, v. Mary Immaculate Hospital, et al., Respondents, et al., Defendant.	Motion for reargument of motion for leave to appeal denied.
Rodney Bilbao, et al., Appellants, v. Westinghouse Electric Corp., et al., Respondents. --------------------------------- (And a third-party action.)	Motion for leave to appeal denied.
Rupert Blake, et al., Appellants, v. Neighborhood Housing Services of New York City, Inc., Respondent.	Motion by Defense Association of New York, Inc. for leave to file a brief amicus curiae on the appeal herein granted and the proposed brief is accepted as filed.
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 reargument of motion for leave to appeal denied.
In the Matter of the Estate of Ralph Cipriani, Deceased. --------------------------------- Laura Cipriani, &c., Respondent, v. Gary Cipriani, et al., Appellants.	Motion for leave to appeal denied.
In the Matter of Citineighbors Coalition of Historic Carnegie Hill, &c., et al., Appellants, v. The New York City Landmarks Preservation Commission, et al., Respondents.	Motion for leave to appeal granted.
Miguel Colon, Appellant, v. City of Rochester, Rochester City Police Department, 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 CDL West 45th Street LLC, Respondent, v. The City of New York Department of Finance, et al., Appellants.	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements.
In the Matter of Jennifer Daniels, Respondent, v. Antonia C. Novello, &c., et al., Appellants.	Motion for leave to appeal denied.
Rande Sue Feinstein, Respondent, v. Steven M. Merdinger, 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.
Global Minerals and Metals Corp., Appellant, v. Merrill Lynch & Co., Inc., et al., Respondents.	Motion for leave to appeal denied.
In the Matter of Dione Goldin, Appellant, v. Board of Education of Wappingers Central School District, Respondent.	Motion for leave to appeal denied.
Jon H. Hammer, Appellant, v. The American Kennel Club, et al., Respondents.	Motion by Labrador Retriever Club, Inc., et al. for leave to file a brief amici curiae on the appeal herein granted and the proposed brief is accepted as filed.
In the Matter of Irving D. Jakobson, Deceased. Peder Jakobson, Appellant; Fleet Trust Company, Respondent. (Proceeding No. 1) --------------------------------- (And Two Additional Proceedings).	Motion for leave to appeal denied.
Vincenzo Lamuraglia et al., Respondents, v. New York City Transit Authority et al., Appellants, Thomas Newman et al., Defendants. (And A Third-Party Action).	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements.
In the Matter of Elvin Lebron, Appellant, v. Edward Reynolds, Superintendent, Mohawk Correctional Facility, Respondent.	Motion for leave to appeal dismissed upon the ground that the letter sought to be appealed from is neither a judgment nor an order from which an appeal to this Court may be taken (see, CPLR 5512[a]; 5602[a]).
In the Matter of Lumbermens Mutual Casualty Company, et al., Respondents, v. Roberto Quintero, et al., Appellants; WCW, et al., Additional Respondents.	Motion for leave to appeal denied.
Shantanu Mohan, &c., Plaintiff, v. King Freeze Air Conditioning and Refrigeration Corp., et al., Defendants, A&A Realty, et al., Respondents. --------------------------------- Riconda & Garnett, LLP, Nonparty Appellant.	Motion for leave to appeal denied.
In the Matter of Brian Mulheren, Respondent, v. Board of Trustees of the New York City Police Pension Fund, Article II, Appellant.	Motion for leave to appeal denied.
Meredith Medina Murray, et al., Appellants, v. Kathryn B. Medina, &c., et al., Respondents, et al., Defendant.	Motion for leave to appeal granted.
Maria Nancy Pelaez, &c., et al., Appellants, v. Laura Seide, et al., Defendants, County of Putnam, et al., Respondents.	Motion by 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.
Vincenzo Penta et al., Appellants, v. Related Companies, L.P., et al., Respondents, et al., Defendants.	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements.
Promo-Pro Ltd., Appellant-Respondent, v. Lehrer McGovern Bovis, Inc., Respondent-Appellant, New York City Housing Authority, Respondent.	Motion by Promo-Pro Ltd. for leave to appeal denied. Cross motion by Lehrer McGovern Bovis, Inc. for leave to appeal denied.
Resurgence Asset Management, LLC, Appellant, v. Bastion Capital Fund, LP, et al., Respondents.	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements.
In the Matter of Lillian Roberts, &c., et al., Respondents, v. John J. Murphy, &c., et al., Appellants.	Motion for leave to appeal granted.
Julius R. Ruggiere, Appellant, v. Denise M. Ruggiere, Respondent.	On the Court's own motion, appeal dismissed, without costs, upon the ground that the order appealed from does not finally determine the action within the meaning of the Constitution. 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., Respondent, v. Byron Shelton, 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.
In the Matter of Denise M. Theroux, et al., Appellants, v. Edward Reilly, &c., et al., Respondents. --------------------------------- In the Matter of Loren S. James, Appellant, v. County of Yates Sheriff's Department and County of Yates, Respondents. --------------------------------- In the Matter of David Wagman, Appellant, v. John A. Kapica, &c., et al., Respondents.	Motion by The New York State Deputies Association, Inc. for leave to appear amicus curiae on the appeals herein granted to the extent that the proposed brief is accepted as filed.
In the Matter of David Thorpe, Appellant, v. New York State Department of Correctional Services, Respondent.	Motion for leave to appeal denied. Motion for poor person relief dismissed as academic.
Mario Tinervia et al., Appellants, v. MVP Health Plan, Inc., Respondent.	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements.
In the Matter of Jonathan Torres, Appellant, v. Glenn S. Goord, as Commissioner of Correctional Services, Respondent.	Motion for leave to appeal denied. Motion for poor person relief dismissed as academic.
Michael "Wild Style" Tracy, Appellant, v. Pow Wow Production et al., Respondents.	Motion, insofar as it seeks leave to appeal from that part of the Appellate Division order that conditionally struck defendants' answer, dismissed upon the ground that such part of the order sought to be appealed from does not finally determine the action within the meaning of the Constitution; motion for leave to appeal otherwise denied.
Uniformed Firefighters Association et al., Appellants, v. City of New York et al., Respondents.	Motion for leave to appeal denied.
In the Matter of the Village of Westbury, Respondent, v. Rod Straehle et al., Appellants.	Motion by Village of Westbury to dismiss the appeal herein granted and appeal dismissed, with four hundred dollars costs and one hundred dollars costs of motion, upon the ground that the order appealed from does not finally determine the proceeding within the meaning of the Constitution. Motion by appellants Straehle, et al. for a stay and poor person relief dismissed as academic.
John N. Zegarelli et al., Respondents, v. Gregory D. Hughes, Appellant.	Motion for leave to appeal granted.