Court of Appeals Decision List
Decided November 25, 2003
Cases
Bankers Trust Corporation, &c., Appellant, v. New York City Department of Finance, et al., Respondents.	Order modified, with costs to defendants, by deleting the declaration in defendants' favor and substituting a provision dismissing the complaint and, as so modified, affirmed. Opinion by Judge Smith. Chief Judge Kaye and Judges Ciparick, Rosenblatt, Graffeo and Read concur.
The People &c., Appellant, v. Paul M. Berrus, Respondent.	Order reversed and simplified traffic information reinstated, in a memorandum. Chief Judge Kaye and Judges Smith, Ciparick, Rosenblatt, Graffeo and Read concur.
The People &c., Respondent, v. James F. Cahill, III, Appellant.	Judgment modified by reducing defendant's conviction of two counts of murder in the first degree to one count of murder in the second degree and remitting to County Court, Onondaga County, for resentencing on the second degree murder count as well as the remaining counts and, as so modified, affirmed. Opinion by Judge Rosenblatt. Chief Judge Kaye and Judge Ciparick concur. Judge Smith concurs in result in an opinion in which Judge Ciparick concurs in so much thereof as addresses deadlock jury instructions. Judge Graffeo concurs in part and dissents in part in an opinion in which Judge Read concurs. Judge Read concurs in part and dissents in part in an opinion in which Judge Graffeo concurs.
Roseanne Franchini et al., Appellants, v. Suzanne Palmieri, 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.
Sharwline Nicholson, &c. et al., Respondents, v. Nicholas Scoppetta, &c., et al., Appellants. Nat Williams, et al., Defendants.	Certification of questions by the United States Court of Appeals for the Second Circuit, pursuant to section 500.17 of this Court's Rules of Practice, accepted and the issues presented are to be considered after briefing and argument. Chief Judge Kaye and Judges Smith, Ciparick, Rosenblatt, Graffeo and Read concur.
Stevens and Thompson Paper Company, Inc., Appellant, v. Niagara Mohawk Power Corporation, Respondent.	Order affirmed, with costs. Opinion by Judge Ciparick. Chief Judge Kaye and Judges Smith, Rosenblatt and Graffeo concur. Judge Read took no part.
Motions
In the Matter of Steven Aaron et al., Appellants, v. E. Michael Kavanagh, as Justice of the Supreme Court, et al., Respondents.	Motion for leave to appeal denied.
Anonymous, &c., et al., Appellants, v. Dobbs Ferry Union Free School District, et al., Defendants, King & Low-Heywood Thomas School, Respondent.	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements.
The People &c., Respondent, v. Derrick Brooks, Appellant.	Motion for leave to appeal denied. Motion for poor person relief dismissed as academic.
Arkadiusz Bruder, et al., Appellants, v. 979 Corporation, et al., Respondents. (And A Third-Party Action).	Motion for leave to appeal denied.
In the Matter of Eileen Consilvio, &c., Respondent, v. Michael B. (Anonymous), &c., Appellant.	Appeal dismissed without costs, by the Court sua sponte, upon the ground that no substantial constitutional question is directly involved.
In the Matter of Hossana Regina Cotten, &c., et al., Appellants, v. County of Nassau, et al., Respondents.	Motion for leave to appeal denied.
F&K Supply, Inc., Doing Business as Fowler & Keith Supply Company, et al., Appellants, v. Willowbrook Development Company, et al., Respondents.	Motion for leave to appeal denied.
Federated Conservationists of Westchester County, Inc., Appellant, v. County of Westchester, et al., Defendants, Town of Mount Pleasant, Respondent.	Motion for leave to appeal denied.
Hawkeye Funding, Limited Partner- ship, et al., Appellants, v. Duke/Fluor Daniel, et al., Respondents.	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements. Motion for a stay dismissed as academic.
In the Matter of Gabrielle HH., Alleged to be an Abandoned Child. Columbia County Department of Social Services, Respondent, Adam HH., Appellant.	Motion for leave to intervene granted to the extent of accepting as filed movant's motion for dismissal of the appeal herein or, in the alternative, for reconsidera- tion of this Court's September 18, 2003 order granting leave to appeal. Motion to dismiss appeal or for reconsideration of motion for leave to appeal denied. Motion for leave to intervene otherwise denied.
In the Matter of Darryl King, Appellant, v. New York State Division of Parole et al., Respondents.	Motion for leave to appeal denied.
Frank Leo, Appellant, v. Thomas F. Stevens et al., Respondents.	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements.
Marlanx Corp., Appellant, v. John Lage, et al., Respondents.	Motion for leave to appeal denied.
In the Matter of Tierees O. (Anonymous), Appellant.	Motion for leave to appeal denied.
Deodat Persaud, et al., Appellants, v. City of New York, et al., Respondents.	Motion for leave to appeal denied.
Deodat Persaud et al., Respondents, v. City of New York, et al., Respondents, Carmela E. Mero et al., Appellants.	Motion for leave to appeal denied.
Richard Ranieri, &c., Appellant, v. Bell Atlantic Mobile, et al., Respondents.	Motion for leave to appeal denied.
In the Matter of Frank E. Redl, an attorney and counselor-at-law. Grievance Committee for the Ninth Judicial District, Respondent, Frank E. Redl, Appellant.	Motion for leave to appeal denied.
State of New York, Respondent, v. Insurance Company of the State of Pennsylvania, Third-Party Appellant; HSBC Bank USA, Third-Party Respondent. - 7 -	Appeal dismissed without costs, by the Court sua sponte, upon the ground that no substantial constitutional question is directly involved.
In the Matter of Uniformed Fire- fighters Association, Local 287, Respondent, v. City of Long Beach, Appellant.	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements.