Court of Appeals Decision List
Decided November 24, 2003
Cases
Domen Holding Co., &c.,
Appellant,
v.
Irene S. Aranovich,
Respondent,
Jorge Aranovich, et al.,
Defendants.
Order, insofar as appealed from, modified,
without costs, by denying defendant's
cross motion for summary judgment and, as
so modified, affirmed.
Opinion by Judge Ciparick.
Chief Judge Kaye and Judges Smith,
Rosenblatt, Graffeo and Read concur.
The People &c.,
Respondent,
v.
Jian Jing Huang,
Appellant.

Order reversed and case remitted to the
Appellate Division, First Department, with
directions to dismiss the appeal taken to
that court, in a memorandum.
Chief Judge Kaye and Judges Smith,
Ciparick, Rosenblatt, Graffeo and Read
concur.
Todd B. Marsh, Individually and
on behalf of all others similarly
situated,
Appellant,
v.
Prudential Securities
Incorporated,
Respondent.

Following certification of a question by
the United States Court of Appeals for
the Third 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 Graffeo.
Chief Judge Kaye and Judges Smith,
Ciparick, Rosenblatt and Read concur.
The People &c.,
Respondent,
v.
Bruce McDonald,
Appellant.
Order affirmed.
Opinion by Judge Ciparick.
Chief Judge Kaye and Judges Smith,
Rosenblatt, Graffeo and Read concur.
County of Nassau,
Appellant,
v.
Michaele K. Canavan,
Respondent.
Order affirmed, with costs.
Opinion by Chief Judge Kaye.
Judges Smith, Ciparick, Rosenblatt,
Graffeo and Read concur.

In the Matter of Edward A.
Zelinsky et al.,
Appellants,
v.
Tax Appeals Tribunal of the
State of New York et al.,
Respondents.
Judgment affirmed, with costs.
Opinion by Chief Judge Kaye.
Judges Smith, Ciparick, Rosenblatt,
Graffeo and Read concur.
Motions
Alexander Avenue Kosher
Restaurant Corp.,
Appellant,
v.
Ronald Dragoon,
Respondent;
et al.,
Defendant;
933 Atlantic Avenue Kosher
Restaurant Corp., et al.,
Counterclaim Plaintiffs-
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 Donald Mack
Bennett,
Appellant,
v.
New Rochelle Police Department,
Respondent.
On the Court's own motion, appeal
dismissed, without costs, upon the ground
that the order appealed from does not
finally determine the proceeding within
the meaning of the Constitution.
Motion for poor person relief dismissed
as academic.
Judge Read took no part.
In the Matter of James Edwards,
Appellant,
v.
James Edward Pelzer, &c.,
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.
Jennifer Guss,
Appellant,
v.
Oheka Management, Inc., et al.,
Respondents.
(And a third-party action.)
Motion for leave to appeal denied with
one hundred dollars costs and necessary
reproduction disbursements.
In the Matter of Sinclair
Haberman,
Appellant,
v.
City of Long Beach, et al.,
Respondents.
Motion to dismiss appeal 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.
Gabriel F. Haughton,
Appellant,
v.
Merrill Lynch, Pierce, Fenner &
Smith Incorporated, et al.,
Respondents,
Morgan Guaranty Trust Company of
New York et al.,
Defendants.
Motion for reargument of motion for leave
to appeal denied.
Gail Lowe Haymes,
Appellant,
v.
Stephen Denis Haymes,
Respondent.
Motion for reargument of motion for leave
to appeal denied.
Ronald Jackson,
Appellant,
v.
State of New York,
Respondent.
Motion for reconsideration of this Court's
September 18, 2003 dismissal order denied.
In the Matter of Juron & Minzner,
P.C.
Edward S. Minzner,
Respondent;
Albert A. Juron, &c.,
Appellant.
Motion for reargument of motion for leave
to appeal denied.
Louis Dreyfus Energy Corp.,
et al.,
Appellants,
v.
MG Refining and Marketing, Inc.,
Defendant,
MG Holdings North America, Inc.,
&c.,
Respondent.
Motion for leave to appeal granted.
In the Matter of Bruce F. Murry,
Appellant.
---------------------------------
Onondaga County District
Attorney,
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.
The State of New York, et al.,
Respondents,
v.
Philip Morris Incorporated,
et al.,
Respondents,
Sullivan Papain Block McGrath
& Cannavo, P.C., et al.,
Intervenors-Respondents,
Jack S. Hoffinger, Esq., et al.,
Non-Party-Appellants.
Motion for leave to appeal denied with
one hundred dollars costs and necessary
reproduction disbursements.
Walter Olsen, &c., et al.,
Appellants,
v.
New York State Department of
Environmental Conservation
et al.,
Respondents.
Motion for leave to appeal denied.
Charleen Palumbo,
Respondent,
v.
Robert Palumbo,
Appellant.
Motion for reargument &c. denied.
In the Matter of Donald G. Pedro,
Respondent,
v.
Village of Endicott 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 Garret
Robertson,
Appellant,
v.
Bernard Kerik, &c.,
Respondent.
Motion for leave to appeal denied.
Agueda Santana, &c., et al.,
Appellants,
v.
Seagrave Fire Apparatus Corp.,
et al.,
Respondents,
et al.,
Defendants.
(Action No. 1).
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Agueda Santana, &c., et al.,
Appellants,
v.
Campbell Supply Co., Inc.,
Respondent.
(Action No. 2).
Motion for leave to appeal denied with
one hundred dollars costs and necessary
reproduction disbursements.
Raphael A. Solomon,
Respondent,
v.
Myrah A. Solomon,
Appellant.
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.
Malcolm C. Souness,
Appellant,
v.
Rita Randall,
Respondent.
Appeal dismissed without costs, by the
Court sua sponte, upon the ground that
the order appealed from does not finally
determine the action within the meaning
of the Constitution.

Marie Washington, &c.,
Appellant,
v.
Stephen G. Gorray, et al.,
Respondents,
et al.,
Defendant.
Motion for leave to appeal denied with
one hundred dollars costs and necessary
reproduction disbursements.