Court of Appeals Decision List
Decided October 28, 2003
Cases
In the Matter of the consideration of the suspension of Hon. Joseph J. Cerbone from the office of Justice of the Mount Kisco Town Court, Westchester County, pursuant to New York State Constitution, Article 6, section 22 and Judiciary Law section 44, subd 8.	On the Court's own motion, it is determined that Honorable Joseph J. Cerbone is suspended, with pay, effective immediately, from his office of Justice of the Mount Kisco Town Court, Westchester County, pending disposition of a request, if any, for review of a determination by the State Commission on Judicial Conduct. Chief Judge Kaye and Judges Smith, Ciparick, Rosenblatt, Graffeo and Read concur.
Michael Cipriano, Appellant-Respondent, v. Glen Cove Lodge #1458, B.P.O.E., et al., Respondents, Gasper Buffa, Respondent-Appellant.	Order modified, without costs, in accordance with the opinion herein and, as so modified, affirmed. Opinion by Judge Rosenblatt. Chief Judge Kaye and Judges Smith, Ciparick, Graffeo and Read concur.
The People &c., Respondent, v. Arthur Mills, Appellant.	Order affirmed. Opinion by Judge Graffeo. Chief Judge Kaye and Judges Ciparick, Rosenblatt and Read concur. Judge Smith dissents and votes to reverse in an opinion.
In the Matter of Ricky Murray, Respondent, v. Glenn S. Goord, &c., et al., Appellants.	Order affirmed, with costs. Opinion by Judge Read. Chief Judge Kaye and Judges Smith, Ciparick, Rosenblatt and Graffeo concur.
Motions
Amin Realty, LLC, Appellant, v. K & R Construction Corp., et al., Defendants, Kings Ready Mix, Inc., Respondent.	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements.
In the Matter of Lenard Berrian, Appellant, v. Donald Selsky, as Director of Special Housing and Inmate Disciplinary Programs, et al., Respondents.	On the Court's own motion, appeal, insofar as taken from that portion of the Appellate Division order that annulled respondents' Tier II determination and directed respondents to expunge all references to said Tier II proceeding from appellant's institutional record and restore any good behavior allowance lost, dismissed, without costs, upon the ground that as to that part of the order appellant is not a party aggrieved (see, CPLR 5511); appeal otherwise dismissed, without costs, upon the ground that no substantial constitutional question is directly involved. Motion for poor person relief dismissed as academic.
In the Matter of John M. Braswell, Appellant, v. New York City Transit Authority, Respondent. Workers' Compensation Board, Respondent.	Motion for leave to appeal denied.
In the Matter of the Town Board of the Town of Clarkstown et al., Respondents, v. Rubin Sterngass, Appellant, et al., Defendant.	Motion for reargument denied.
In the Matter of Tyrone Cole, Appellant, v. Joseph Teresi, &c. et al., Respondents.	Motion for leave to appeal denied.
In the Matter of Christopher Crocker, Respondent, v. Deborah G. Crocker, Appellant.	Motion for leave to appeal denied.
In the Matter of Anthony A. DeVivo, Appellant, v. New York State Department of Correctional Services et al., Respondents.	Motion for leave to appeal denied. Motion for poor person relief dismissed as academic.
In the Matter of William Dries, et al., Appellants, v. Town Board of Town of Riverhead, Respondent.	Motion for leave to appeal denied.
In the Matter of Danielle DuBois, Respondent, v. Karl Swisher, Appellant.	Motion for leave to appeal denied.
In the Matter of Karen Ford, Appellant. Commissioner of Labor, Respondent.	Motion for leave to appeal denied.
In the Matter of Troy G. --------------------------------- Monroe County Department of Social Services, Appellant; Raymond G., Respondent.	Motion for leave to appeal dismissed upon the ground that the issues presented have become moot.
The People &c. ex rel. Charles Hawkins, Appellant, v. Gary Greene, as Superintendent of Great Meadow Correctional Facility, Respondent.	Appeal dismissed without costs, by the Court sua sponte, upon the ground that no substantial constitutional question is directly involved.
In the Matter of Keith W. Heron, Appellant, v. City of Binghamton et al., Respondents.	Motion for leave to appeal denied.
In the Matter of Deb Ireland, an Attorney. Committee on Professional Standards, Respondent, Deb Ireland, 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 Deb Ireland, an Attorney. Committee on Professional Standards, Respondent, Deb Ireland, Appellant.	Appeal dismissed without costs, by the Court sua sponte, upon the ground that the order appealed from does not finally determine the proceeding within the meaning of the Constitution.
In the Matter of Jadwiga Janczuk, Appellant, v. Jolanta Janczuk, Respondent.	Motion for leave to appeal denied. Motion for poor person relief dismissed as academic.
In the Matter of Gerald D. Jennings, as Mayor of the City of Albany, Appellant, v. Jonathan Lippman, as Chief Administrative Judge of the Courts of the Unified Court System of the State of New York, Respondent.	Motion for leave to appeal denied. Chief Judge Kaye took no part.
In the Matter of Troy Johnson, Appellant, v. George B. Duncan, as Superinten- dent of Great Meadow Correctional Facility, et al., Respondents.	Motion for leave to appeal denied.
The Estate of Thomas J. Kalis, &c., Appellant, v. The City of Buffalo, Respondent.	Motion for leave to appeal denied.
Patricia King-Valls, et al., Appellants, v. Boris Mendel, &c., Respondent.	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements.
Michael Levy, Respondent, v. Morton Salkind, Appellant.	Motion for leave to appeal denied.
John C. Lonis et al., Appellants, v. Norman's Roofing and Siding Co., Inc. et al., Respondents. --------------------------------- (And a third-party action.)	Motion for leave to appeal denied.
In the Matter of Florencia Machado, Appellant, v. Pleasantville Ford, Inc., et al., Respondents. Workers' Compensation Board, Respondent.	Motion for leave to appeal granted.
In the Matter of the Estate of Rose McCloskey, Deceased. --------------------------------- Peter Cafallo et al., Respondents; Veronica Federici, et al., Appellants.	Motion for leave to appeal denied.
Joseph M. Melia, Appellant, v. City of Buffalo, Respondent.	Motion for leave to appeal denied.
Vetter G. Moore, Appellant, v. State of New York, Respondent.	Appeal dismissed without costs, by the Court sua sponte, upon the ground that no appeal lies as of right from the unanimous order of the Appellate Division absent the direct involvement of a substantial constitutional question (CPLR 5601).
In the Matter of Mutual Redevelopment Houses, Inc., Appellant, v. Arthur J. Roth, &c. et al., Respondents.	Motion for leave to appeal denied. Judge Smith took no part.
The People &c., Respondent, v. Carlos Myers, Appellant.	Motion for leave to appeal denied. Motion for poor person relief dismissed as academic.
1 BK Street Corp., Appellant, v. New York State Division of Housing and Community Renewal, Respondent.	Motion for leave to appeal denied.
Pangia & Company, CPAs, P.C. et al., Appellants, v. Larry Diker, Respondent.	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements.
Thomas Rice, Appellant, v. Board of Education of City of New York, Defendant, Turner Construction Co., Inc., Respondent. --------------------------------- (And a third-party action.)	Motion for leave to appeal denied.
Gregory V. Serio, &c., Respondent, v. Ardra Insurance Company, Ltd., Defendant, Richard A. DiLoreto, et al., Appellants.	Motion for leave to appeal denied.
64th Associates, L.L.C., Appellant, v. Manhattan Eye, Ear & Throat Hospital, et al., Respondents.	Motion for leave to appeal granted.
In the Matter of George Thorsen, Respondent, v. The Nassau County Civil Service Commission, Appellant.	Motion for leave to appeal denied.
Town of Tully, Respondent, v. Cynthia Golden, Appellant.	On the Court's own motion, appeal dismissed, without costs, upon the ground that the order appealed from does not finally determine the action within the meaning of the Constitution. 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.
Aston B. Williams, M.D., Appellant, v. Joseph Maddi, et al., Respondents.	Motion for leave to appeal denied.
Henryk Woroniecki et al., Appellants, v. George I. Tzitzikalakis, Defendant, James I. Tzitzikalakis, &c., et al., Respondents; Allboro Piping Corporation, Third-Party Respondent.	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements.