Court of Appeals Decision List
Decided September 23, 2003
Cases
The People &c., Respondent, v. Brandi Everson, Appellant.	On review of submissions pursuant to section 500.4 of the Rules, order affirmed, in a memorandum. Chief Judge Kaye and Judges Smith, Ciparick, Rosenblatt, Graffeo and Read concur.
Linda Pfister, Appellant, v. Watertown City School District and Warren Fargo, Superintendent of Schools, Respondents.	On review of submissions pursuant to section 500.4 of the Rules, order reversed, with costs, judgment on liability granted to plaintiff and case remitted to Supreme Court, Jefferson County, for a trial on damages, in a memorandum. Chief Judge Kaye and Judges Smith, Ciparick, Rosenblatt, Graffeo and Read concur.
Motions
In the Matter of Samia N. Ahmad, Respondent, v. Iqbal M. Naviwala, Appellant.	Motion for leave to appeal dismissed upon the ground that the order sought to be appealed from does not finally determine an action or proceeding within the meaning of the Constitution.
Ronald H. Arendt, et al., Appellants, v. General Electric Company, Respondent.	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements. Judge Read took no part.
In the Matter of The Automobile Club of New York, Inc., Appellant, Vito Fossella, &c., et al., Intervenors, v. Metropolitan Transportation Authority, &c., et al., Respondents.	Motion for leave to appeal denied. Chief Judge Kaye took no part.
In the Matter of The Automobile Club of New York, Inc., Petitioner, Vito Fossella, &c., et al., Intervenors-Appellants, v. Metropolitan Transportation Authority, &c., et al., Respondents.	Motion for leave to appeal denied. Chief Judge Kaye took no part.
Avalon LLC, Appellant, v. Coronet Properties Company, et al., Defendants, Mitchell H. Gordon, et al., Respondents.	Motion for leave to appeal denied.
In the Matter of Alan Bart, &c., Respondent, v. Philip John Miller, Appellant.	Appeal, insofar as taken from the Appellate Division order denying reargument, dismissed without costs, by the Court sua sponte, upon the ground that such order does not finally determine the proceeding 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.
In the Matter of Dominic J. Belmonte, et al., Respondents, v. Robert R. Snashall, &c., et al., Appellants.	Motion for leave to appeal granted.
The People &c. ex rel. Rick Blake, Appellant, v. William E. Phillips, Superintendent, Green Haven Correctional Facility, Respondent.	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.
Stephanie Bruker, Appellant, v. Sullivan and Liapakis, P.C., et al., Respondents. --------------------------------- Stephanie Bruker, Appellant, v. Susan Savoca, Respondent.	Appeal from so much of the Appellate Division order as (1) dismissed appeals from Supreme Court orders denying reargument, (2) affirmed so much of a different Supreme Court order as denied appellant's cross motion for leave to amend the complaint and (3) denied appellant's motion to enlarge the record on appeal, dismissed without costs, by the Court sua sponte, upon the ground that such portions of the order appealed from do not finally determine the actions 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.
In the Matter of Earl Bussey, Appellant, v. Glenn S. Goord, &c., Respondent.	Motion for leave to appeal denied.
In the Matter of Francesca D. (Anonymous). Suffolk County Department of Social Services, Appellant; Salvatore D. (Anonymous), Respondent. (Docket No. N-1836-00) (Proceeding No. 4) --------------------------------- In the Matter of Antoinette D. (Anonymous). Suffolk County Department of Social Services, Appellant; Salvatore D. (Anonymous), Respondent. (Docket No. N-1837-00) (Proceeding No. 5)	Motion for leave to appeal denied. Motion for a stay &c. dismissed as academic.
In the Matter of Sal D. (Anonymous), Jr. Suffolk County Department of Social Services, Respondent; Salvatore D. (Anonymous), Appellant. (Proceeding No. 1) (Docket No. N-1833-00) --------------------------------- In the Matter of Philip D. (Anonymous), Suffolk County Department of Social Services, Respondent; Salvatore D. (Anonymous), Appellant. (Proceeding No. 2) (Docket No. N-1834-00) --------------------------------- In the Matter of Ignazia D. (Anonymous), Suffolk County Department of Social Services, Respondent; Salvatore D. (Anonymous), Appellant. (Proceeding No. 3) (Docket No. N-1835-00)	Motion for leave to appeal denied.
Duane Thomas LLC, Appellant, v. 62 Thomas Partners, LLC, et al., Respondents.	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements.
ELRAC, Inc., d/b/a Enterprise Rent-A-Car, Appellant, v. Rea Belessis, Respondent.	Motion for leave to appeal denied.
Ashley Harris, &c., et al., Appellants, v. Phillip Llewellyn, Defendant, City of New York, Respondent.	Motion for leave to appeal granted.
In the Matter of Robert J. (Anonymous), Appellant.	Motion for leave to appeal granted.
In the Matter of Robert Mason, et al., Appellants, v. The Department of Buildings of the City of New York, et al., Respondents.	Motion, insofar as it seeks 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 no substantial constitutional question is directly involved; motion, insofar as it seeks additional relief, denied.
In the Matter of Maureen McNamara, an attorney and counselor at law. Grievance Committee for the Ninth Judicial District, Respondent; Maureen McNamara, Appellant.	Motion, insofar as it seeks leave to appeal from the Appellate Division order denying appellant's motion for reargument or, in the alternative, leave to appeal to this Court, dismissed upon the ground that such order does not finally determine the proceeding within the meaning of the Constitution; motion for leave to appeal otherwise denied.
In the Matter of Neal Milano, Appellant, v. The New York City Taxi and Limousine Commission, Respondents.	Appeal dismissed without costs, by the Court sua sponte, upon the ground that no substantial constitutional question is directly involved.
In the Matter of New York Public Interest Research Group Strap- hangers Campaign, Inc., et al., Appellants, Roger Toussaint, &c., Intervenor-Appellant, v. Metropolitan Transportation Authority, &c., et al., Respondents.	Motions for leave to appeal denied. Chief Judge Kaye took no part.
In the Matter of Perry Orens, Appellant, v. Antonia C. Novello, as Commis- sioner of the Department of Health of the State of New York, et al., Respondents.	Appeal dismissed without costs, by the Court sua sponte, upon the ground that no substantial constitutional question is directly involved.
In the Matter of Shane Anthony P. (Anonymous). Dutchess County Department of Social Services, Respondent; Shawn P. (Anonymous), Appellant.	Motion for leave to appeal denied.
Dawn M. Peek, Respondent, v. William E. Peek, Appellant.	Motion for leave to appeal denied.
In the Matter of Kareem R. (Anonymous), Appellant.	Motion for leave to appeal granted.
In the Matter of John L. Reynolds, Appellant, v. Ernest J. Dustman, &c. et al., Respondents.	Motion for leave to appeal granted.
Ada Rodriguez, Appellant, v. The Trustees of Columbia University in the City of New York, et al., Respondents.	Motion for reargument denied. Motion for a stay dismissed as academic.
In the Matter of Jazmone S. (Anonymous). Administration for Children's Services, Respondent; Philip J. (Anonymous), Appellant. (Proceeding No. 1) --------------------------------- And Three Additional Proceedings.	Motion for leave to appeal dismissed upon the ground that the order sought to be appealed from does not finally determine the proceedings within the meaning of the Constitution.
Caroline Saslow, &c., Appellant, v. Edwin Joseph Saslow, 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.
Karen Strauss, Respondent, v. New York City Transit Authority, Appellant, City of New York, Defendant.	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements.
Herzel Tal, &c., Appellant, v. Albert Malekan, &c., et al., Respondents.	Motion for leave to appeal denied.
In the Matter of Barbara N. Taylor, Appellant, v. New York City Board of Elections, et al., Respondents.	Motion for reconsideration of this Court's June 12, 2003 dismissal order denied.
Rachel Teitelbaum, &c., et al., Appellants, v. City of New York et al., Respondents, et al., Defendants.	Motion for leave to appeal denied.
In the Matter of Edward Tighe, &c., Appellant, v. Raymond Kelly, &c., et al., Respondents.	Motion for leave to appeal denied.
In the Matter of Victoria Vanostrand, Respondent, v. Felchar Manufacturing Corpora- tion et al., Appellants. 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 Rosalee Vasciannio, Respondent, v. Howard Nedrick, Appellant.	Motion for leave to appeal denied.
Waste Recovery Enterprises, LLC, Appellant-Respondent, v. Town of Unadilla, et al., Respondents-Appellants.	Appeal and cross appeal dismissed, without costs, by the Court sua sponte, each upon the ground that no substantial constitutional question is directly involved.
In the Matter of Wade A. Willard, Respondent, v. Victoria L. Smith, Formerly Known As Victoria L. Willard, Appellant.	Motion for leave to appeal denied. Motion for poor person relief dismissed as academic.
In the Matter of Carol A. Wilson et al., Respondents, v. Linda A. McGlinchey et al., Appellants. (And Another Related Proceeding.)	Motion for leave to appeal granted.
Tracey Winkfield, &c., Plaintiff, v. Brand Name Sales, Inc., Appellant, Crosman Corporation, 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. Motion for a stay dismissed as academic.