Court of Appeals Decision List
Decided June 26, 2003
Cases
In the Matter of Buchbinder Tunick & Company, Respondent, v. Tax Appeals Tribunal of the City of New York, et al., Appellants.	Order reversed, with costs, and petition dismissed. Opinion by Judge Smith. Chief Judge Kaye and Judges Ciparick, Rosenblatt, Graffeo and Read concur.
Campaign for Fiscal Equity, Inc., et al., Appellants, v. The State of New York, et al., Respondents.	Order modified and case remitted to Supreme Court, New York County, for further proceedings in accordance with the opinion herein and, as so modified, affirmed, with costs to plaintiffs. Opinion by Chief Judge Kaye. Judges Smith, Ciparick and Rosenblatt concur, Judge Smith in a separate concurring opinion. Judge Read dissents in an opinion. Judge Graffeo took no part.
Burnell G. Carney and Alice Carney, by L. David Zube, Chapter 11 Trustee, Appellants, v. James V. Philippone, Respondent.	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.
In the Matter of Elcor Health Services Inc., Appellant, v. Antonia Novello, as Commissioner of Health of the State of New York et al., Respondents.	Order affirmed, with costs. Opinion by Judge Ciparick. Chief Judge Kaye and Judges Smith, Rosenblatt, Graffeo and Read concur.
The People &c., Respondent, v. Terrill Grice, Appellant.	Order affirmed. Opinion by Judge Graffeo. Chief Judge Kaye and Judges Smith, Ciparick, Rosenblatt and Read concur.
Amber Paynter &c., et al., Appellants, v. State of New York, et al., Respondents.	Order affirmed, without costs. Opinion by Chief Judge Kaye. Judges Ciparick, Rosenblatt and Graffeo concur. Judge Read concurs in result only. Judge Smith dissents in an opinion.
Ulster Home Care, Inc. et al., Respondents, v. Dennis C. Vacco, as Attorney General of the State of New York, Appellant.	Order reversed, with costs, and defendant's motion to vacate the preliminary injunction granted, in a memorandum. Chief Judge Kaye and Judges Smith, Ciparick, Read and Altman concur. Judges Rosenblatt and Graffeo took no part.
Motions
In the Matter of Koron B., A Person Alleged to be a Juvenile Delinquent, Appellant.	Motion for leave to appeal denied.
The People &c. ex rel. Joshua Barnes, Appellant, v. Brian Fischer, Respondent.	Motion for leave to appeal denied. Motion for poor person relief dismissed as academic.
Constance Biggs, &c., Appellant, v. Mary Immaculate Hospital, et al., Respondents, et al., Defendant.	Motion for leave to appeal denied.
Brooklyn Union Gas Company, et al., Respondents, v. Interboro Surface Company, Inc., et al., Appellants.	Motions for leave to appeal denied.
In the Matter of Julia Corcoran, Appellant. Commissioner of Labor, Respondent.	Motion for leave to appeal denied.
Dia CC., as Parent and Guardian of Adam CC., an Infant, Appellant, v. Ithaca City School District et al., Respondents, et al., Defendant.	Motion for leave to appeal denied.
In the Matter of Daniel W. Dobbins, Respondent, v. Nancy Vartabedian, Appellant.	Motion for leave to appeal denied.
Shutesha Earl, Respondent, v. Jason Turner, &c., et al., Appellants.	Motions for leave to appeal denied.
The People &c., Respondent, v. Brandi Everson, Appellant.	Motion for assignment of counsel granted and Gary Muldoon, Esq., Muldoon & Getz, Esqs., 144 Exchange Boulevard, Suite 108, Rochester, NY 14614 assigned as counsel to the appellant on the appeal herein.
The People &c., Respondent, v. John Hale, Appellant.	Motion for an extension of the time within which to apply for permission to appeal pursuant to CPL 460.20 granted and motion papers treated as a timely CPL 460.20 application.
Glenn I. Henricksen, Sr., et al., Appellants, v. Trails End Company, et al., Respondents.	Motion for leave to appeal denied.
Rogers Hicks et al., Appellants, v. H. McCarthy Gibson, Superinten- dent, Erie County Holding Center, Respondent.	Motion for leave to appeal denied.
Martina Hingis, Appellant, v. Sergio Tacchini, S.p.A., Respondent.	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements.
In the Matter of Robert Kissh, Appellant, v. Bernard B. Kerik, &c., Respondent.	Motion for leave to appeal denied.
Constantine Korelis, Appellant, v. McDonald's Restaurant, Respondent.	Motion for reargument denied.
In the Matter of Donna Lingard, &c., Appellant, v. Bernard B. Kerik, &c., et al., Respondents.	Motion for leave to appeal denied.
In the Matter of Estate of Beverly Lutz, Appellant, v. Lakeside Beikirk Nursing Home et al., Respondents. Workers' Compensation Board, Respondent.	Motion for reargument of motion for leave to appeal denied.
The People &c., Respondent, v. Isaac Mann, Appellant.	Motion for an extension of the time within which to apply for permission to appeal pursuant to CPL 460.20 granted and motion papers treated as a timely CPL 460.20 application.
In the Matter of Spiros Mantzakos, Appellant, v. P.A.O. Parking Corporation et al., Respondents. Workers' Compensation Board, Respondent.	Motion for leave to appeal denied.
Tina Mastrocola, &c. et al., Appellants, v. County of Nassau, et al., Respondents.	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements.
The People &c., Respondent, v. Angel Mateo, Appellant.	Motion by Eliot Spitzer, Attorney General of the State of New York, for an order pursuant to Executive Law § 71 permitting movant to file a brief and participate in oral argument of the appeal, granted in each respect.
In the Matter of Medical Society of the State of New York, et al., Appellants, v. Gregory Serio, &c., et al., Respondents.	Motion by New York and Presbyterian Hospital for leave to appear amicus curiae on the appeal herein granted to the extent that the proposed brief is accepted as filed.
Morse Diesel International, Respondent, v. Olympic Plumbing & Heating Corp., Respondent, United States Fire Insurance Company, 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.
In the Matter of James Oberson, Appellant, v. Bureau of Ferry Aviation & Transportation et al., Respondents. Workers' Compensation Board, Respondent.	Motion for leave to appeal denied.
In the Matter of Jayne A. Phillips, Appellant, v. Shirley A. Sanfilippo, et al., Respondents.	Motion for leave to appeal denied.
Queens/Suffolk Counties Dental Societies Health Fund, Appellant, v. Trustmark Insurance Company, et al., Respondents.	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements.
In the Matter of Guardianship, &c., Ruben J.R., A Child Under the Age of Eighteen Years, &c. Ruben R., Appellant, The Catholic Child Care Society, Respondent.	Motion for leave to appeal denied. Motion for poor person relief dismissed as academic.
The People &c., Respondent, v. William Sawyer, Appellant.	Motion for an extension of the time within which to apply for permission to appeal pursuant to CPL 460.20 granted and motion papers treated as a timely CPL 460.20 application.
Ilyasah Shabazz et al., Appellants, v. Bronxville Garage & Service Corp., d/b/a Bronxville Garage & Service Station, Respondent. --------------------------------- (And a third-party action.)	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements.
In the Matter of Robert R. Survilla, Appellant, v. Holiday Inn, et al., Respondents. Workers' Compensation Board, Respondent.	Motion for reargument of motion for leave to appeal denied.
In the Matter of Denise M. Theroux, et al., Appellants, v. Edward Reilly, &c., et al., Respondents.	Motion by Towns of Clarkstown and Stony Point for leave to file a brief amici curiae on the appeal herein granted. Three copies of a brief may be served and 20 copies filed within 30 days.
Troy Police Benevolent and Protective Association, Inc., et al., Appellants, v. City of Troy, et al., Respondents.	Motion for leave to appeal denied.
In the Matter of 12th Co. LLC, Appellant, v. New York State Division of Housing and Community Renewal, Respondent.	Motion for leave to appeal denied.
Richard Wender, Appellant, v. The Gilberg Agency, Inc., &c., et al., Respondents.	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements.
Paul Wheeler, et al., Appellants, v. Lebanon Valley Auto Racing Corporation, et al., Respondents.	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements.
George Wilson, Appellant, v. State of New York, Respondent.	Motion for leave to appeal denied.
In the Matter of Jihad Y. --------------------------------- Erie County Department of Social Services, Respondent; Cynthia Y., Appellant.	Motion for leave to appeal denied.