Court of Appeals Decision List
Decided December 23, 2003
Cases
Rupert Blake, et al., Appellants, v. Neighborhood Housing Services of New York City, Inc., Respondent.	Order affirmed, with costs. Opinion by Judge Rosenblatt. Chief Judge Kaye and Judges Smith, Ciparick, Graffeo and Read concur.
550 Halstead Corp., Appellant, v. The Zoning Board of Appeals of the Town/Village of Harrison, Respondent.	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.
Jon H. Hammer, Appellant, v. The American Kennel Club, et al., Respondents.	Order affirmed, with costs. Opinion by Judge Graffeo. Chief Judge Kaye and Judges Smith, Ciparick, Rosenblatt and Read concur.
In the Matter of John L. Reynolds, Appellant, v. Ernest J. Dustman, &c. et al., Respondents.	On review of submissions pursuant to section 500.4 of the Rules, order reversed, with costs, and matter remitted to the Appellate Division, Fourth Department, to determine the appeal taken to that court, in a memorandum. Chief Judge Kaye and Judges Smith, Ciparick, Rosenblatt, Graffeo and Read concur.
The People &c., Respondent, v. Davon Taylor, Appellant.	Order affirmed. Opinion by Judge Read. Chief Judge Kaye and Judges Smith, Ciparick, Rosenblatt and Graffeo concur.
Motions
American Alliance Insurance Co., &c., Appellant, v. Eagle Insurance Company, Respondent. (And another action.)	Motion for leave to appeal denied.
AYW Networks, Inc., Appellant, v. Teleport Communications Group, Inc. 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.
In the Matter of Anthony Bottom, Appellant, v. Glenn S. Goord, as Commissioner of Correctional Services, et al., Respondents.	Motion for leave to appeal denied. Motion for poor person relief dismissed as academic.
In the Matter of Vincent Butera, Appellant, v. Floral Park-Bellerose Union Free School District, Respondent.	Motion for leave to appeal denied.
Sean Casey, Plaintiff, v. Paul Ruffino, et al., Defendants, Decolator, Cohen & DiPrisco, LLP, et al., Nonparty-Respondents, Lysaght, Lysaght and Kramer, P.C., Nonparty-Appellant.	Appeal by nonparty-appellant Lysaght, Lysaght & Kramer, P.C., dismissed without costs, by the Court sua sponte, upon the ground that the Appellate Division did not have the power to grant leave to appeal to this Court on a certified question from an order granting a new hearing (see, CPLR 5601[c], 5602[b][1]; Maynard v Greenberg, 82 NY2d 913). This dismissal is without prejudice to nonparty-appellant taking any further action that may be available (see, CPLR 5514[a]).
Ramon Cepeda, Appellant, v. State of New York, Respondent.	Motion for leave to appeal denied. Motion for poor person relief dismissed as academic.
Joel Charron et al., Appellants, v. Leonard J. Pett, Defendant, Alan T. Nicolette et al., Respondents.	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements.
In the Matter of Steven M. Clary, Respondent, v. Tamara L. Costanza, Appellant.	Motion for leave to appeal denied.
The People &c., Respondent, v. Daniel R. Dana, Appellant.	Appeal dismissed without costs, by the Court sua sponte, upon the ground that no civil appeal lies from the order of County Court in this criminal action (NY Const, art VI, § 3[b]; CPLR 5601; CPL 450.90; CPL 470.60[3]).
Eden Roc Hotel, Ltd., Appellant, v. David D. Gilbert, Respondent.	Motion, insofar as it seeks leave to appeal from that portion of the Appellate Division order that affirmed that part of Supreme Court's judgment that granted defendant's counterclaim as to liability and severed the counterclaim, dismissed upon the ground that such portion of the order does not finally determine the action within the meaning of the Constitution; motion for leave to appeal otherwise denied.
In the Matter of James Graham, Appellant, v. Pathways, Inc., et al., Respondents. 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. Motion for poor person relief dismissed as academic.
In the Matter of Shawn Green, Appellant, v. Glenn S. Goord, &c., et al., Respondents.	Motion for leave to appeal denied. Motion for poor person relief dismissed as academic.
Mitsuhiro Honzawa, et al., Respondents, v. Hirokuni Honzawa, et al., Appellants.	Appeal, insofar as taken from that portion of the Appellate Division order that denied appellants' motion to enlarge the record and affirmed Supreme Court's order denying appellants' motion to vacate the judgment, dismissed without costs, by the Court sua sponte, upon the ground that such portion of the order does not finally determine the action within the meaning of the Constitution; appeal otherwise dismissed without costs, by the Court sua sponte, upon the ground that no substantial constitutional question is directly involved.
Jobman 478/480 L.P., Respondent. v. William Bell et al., Appellants, "John Doe" and "Jane Doe", Respondents.	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 proceeding commenced in the Civil Court of the City of New York (see, NY Const, art VI, § 3[b][7]; CPLR 5602[a]). Motion for a stay dismissed as academic.
Robert W. Kelsey, Appellant, v. National Grange Mutual Insurance Company, Respondent.	Motion for leave to appeal denied.
George Lathuras, et al., Appellants, v. Levittown Public Schools, Respondent.	Motion for leave to appeal denied.
In the Matter of Felix M. (Anonymous), Appellant.	Motion for leave to appeal denied.
The People &c. ex rel. Jorge Martinez, Appellant, v. David L. Miller, &c., Respondent.	Motion for leave to appeal denied. Motion for poor person relief dismissed as academic.
Roger Mason, &c., Appellant, v. Central Suffolk Hospital, et al., Respondents.	Motion for leave to appeal granted.
Mercury Capital Corporation, Appellant, v. Shepherd's Beach, Inc., Respondent, et al., Defendants.	Motion for leave to appeal denied.
John P. Morrison, Appellant, v. Christa Construction, Inc. et al., Respondents.	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements.
In the Matter of Manuel Natividad, Appellant, v. Glen Cove Housing Authority, et al., Respondents.	Motion for leave to appeal denied.
In the Matter of William Pride, Appellant, v. Raymond J. Cunningham, &c., Respondent.	Motion for leave to appeal denied. Motion for poor person relief dismissed as academic.
In the Matter of Tiana R. (Anonymous). Administration for Children's Services, Respondent; Walter M. (Anonymous), Appellant, et al., Respondent. (And Three Related Proceedings).	Motion for leave to appeal denied. Motion for poor person relief dismissed as academic.
Julius R. Ruggiere, Appellant, v. Denise M. Ruggiere, Respondent.	Motion for reargument denied.
In the Matter of April S., et al., &c. Eugena S., Appellant, Administration for Children's Services, et al., Respondents.	Motion for leave to appeal denied.
John Serbalik, Appellant, v. Mary K. Gray, Respondent.	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements. Judge Graffeo took no part.
Harold J. Shell, Jr., Appellant, v. State of New York, Respondent.	Motion for leave to appeal denied. Motion for poor person relief dismissed as academic.
Sanjay C. Sheth, et al., Appellants, v. New York Life Insurance Company, Respondent.	Motion for leave to appeal denied.
In the Matter of Antonios Stamos, Appellant, v. The Appeals Board of the New York State Department of Motor Vehicles, Respondent.	Motion for leave to appeal denied. Motion for poor person relief dismissed as academic.
In the Matter of the City of Troy, Respondent, v. Town of Pittstown, et al., Appellants, Brittonkill Central School District, et al., Respondents. (And Two Other Related Proceedings.)	Motion for leave to appeal denied.
In the Matter of the City of Troy, Respondent, v. Town of Pittstown, et al., Appellants, Brittonkill Central School District, et al., Respondents. (And Two Other Related Proceedings.)	Motion by Coalition of Watershed Towns for leave to file a brief amicus curiae on the motion for leave to appeal herein granted and the brief is accepted as filed.
TPZ Corporation, &c., Respondent, v. Winant Place Associates, et al., Appellants, et al., Defendant.	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.
Utica Mutual Insurance Company, Appellant, v. Gulf Insurance Company, Respondent.	Motion for leave to appeal dismissed upon the ground that the orders sought to be appealed from do not finally determine the action within the meaning of the Constitution. Motion for a stay dismissed as academic.
In the Matter of Tukayra W., A Person Alleged to be a Juvenile Delinquent, Appellant.	Motion for leave to appeal denied.
Shumin Zhao, Respondent, v. Lijun Li, Appellant.	Motion for reargument of motion for leave to appeal &c. denied.