Court of Appeals Decision List
Decided December 2, 2003
Cases
The People &c., Respondent, v. Bruce Biggs, Appellant.	Order reversed, the counts of the indictment charging manslaughter in the first degree dismissed and a new trial ordered on the counts of the indictment charging manslaughter in the second degree. Opinion by Judge Ciparick. Chief Judge Kaye and Judges Smith, Rosenblatt, Graffeo and Read concur.
Shyron Bynog, et al., Appellants-Respondents, v. Cipriani Group, Inc., et al., Respondents-Appellants, M.J. Alexander & Co., Inc., et al., Defendants. --------------------------------- (and another action.)	Order modified in accordance with the opinion herein, with costs to defendants, and, as so modified, affirmed. Certified question answered in the negative. Opinion by Judge Smith. Judges Ciparick, Rosenblatt, Graffeo and Read concur. Chief Judge Kaye took no part.
In the Matter of Loren S. James, Appellant, v. County of Yates Sheriff's Department and County of Yates, Respondents.	Order reversed, with costs, and judgment of Supreme Court, Yates County, reinstated. Opinion by Judge Read. Chief Judge Kaye and Judges Smith, Ciparick, Rosenblatt and Graffeo concur.
The People &c., Respondent, v. Juan Carlos Pichardo, Appellant.	Order reversed and order of Supreme Court, Bronx County, reinstated. Opinion by Chief Judge Kaye. Judges Ciparick, Rosenblatt and Read concur. Judge Graffeo dissents and votes to affirm in an opinion in which Judge Smith concurs.
Stop-The-Barge, by its President Kathleen Gilrain, et al., Appellants, v. John P. Cahill, as Commissioner of Environmental Conservation, et al., Respondents.	Order, insofar as appealed from, affirmed, with costs. Opinion by Judge Smith. Chief Judge Kaye and Judges Ciparick, Rosenblatt, Graffeo and Read concur.
In the Matter of Denise M. Theroux, et al., Appellants, v. Edward Reilly, &c., et al., Respondents.	Order reversed, with costs, and order of Supreme Court, Nassau County, reinstated. Opinion by Judge Read. Chief Judge Kaye and Judges Smith, Ciparick, Rosenblatt and Graffeo concur.
In the Matter of David Wagman, Appellant, v. John A. Kapica, &c., et al., Respondents.	Order reversed, with costs, and matter remitted to Supreme Court, Westchester County, for further proceedings in accordance with the opinion herein. Opinion by Judge Read. Chief Judge Kaye and Judges Smith, Ciparick, Rosenblatt and Graffeo concur.
Motions
Anthony Abbatiello, Jr., et al., Appellants, v. Lancaster Studio Associates, &c., et al., Respondents, v. Paragon Cable Manhattan, Inc., et al., Third-Party Respondents.	Motion for leave to appeal granted.
Richard Becker, Appellant, v. The State of New York, Respondent.	On the Court's own motion, appeal dismissed, without costs, upon the ground that it does not lie (see, NY Const, art VI, § 3[b]; CPLR 5601). Motion for poor person relief dismissed as academic.
Shyron Bynog, et al., Appellants-Respondents, v. Cipriani Group, Inc., et al., Respondents-Appellants, M.J. Alexander & Co., Inc., et al., Defendants. --------------------------------- (and another action.)	Motion to enlarge record on appeal denied. Chief Judge Kaye took no part.
Frances Tinger Ganzarski, Appellant, v. Builders Company of America, Inc., &c., et al., Respondents. (And A Third-Party Action).	Motion, insofar as it seeks leave to appeal as against Builders Company of America, Inc., dismissed as untimely (see, CPLR 5513[b]); motion, insofar as it seeks leave to appeal as against the City of White Plains, denied.
The People &c. ex rel. Fernando Gastelu, Appellant, v. Dennis Breslin, &c., Respondent.	Motion for leave to appeal dismissed upon the ground that relator has been released from custody and, therefore, his liberty is no longer restrained to such a degree as to entitle him to the extraordinary writ of habeas corpus (see, People ex rel. Wilder v Markley, 26 NY2d 648). Motion for poor person relief dismissed as academic.
In the Matter of Jefferson County Department of Social Services, Helen L.H., Respondent, v. Mark L.O., Appellant.	Motion, insofar as it seeks leave to appeal from that portion of the Appellate Division order that affirmed that part of Family Court's order that denied appellant's motion to vacate prior orders of the court, dismissed upon the ground that such portion of the order does not finally determine the proceeding within the meaning of the Constitution; motion for leave to appeal otherwise denied.
In the Matter of Stanley Moore, Appellant, v. Brion D. Travis, &c., Respondent.	Motion for leave to appeal granted.
State of New York, Respondent-Appellant, v. Speonk Fuel Inc., Appellant-Respondent, et al., Defendants.	Motion and cross motion for leave to appeal granted.
NYCTL 1998-2 Trust, &c., Respondent, v. Equitable Funding Corp., et al., Defendants, Alba Shapiro, as Executrix for the Estate of Stanley Shapiro, 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.
Maurice Ray, et al., Appellants, v. Brooklyn Union Gas, d/b/a Keyspan Energy Delivery, Inc., Respondent, et al., Defendants.	Motion for reargument of motion for leave to appeal denied.
Red Apple Child Development Center, Appellant, v. Community School Districts Two, et al., Respondents.	Motion for leave to appeal denied.
Red Apple Child Development Center, Appellant, v. Community School Districts Two, et al., Respondents.	Motion by the Red Apple Child Development Center Parents Association for leave to file an affirmation amicus curiae on the motion for leave to appeal herein granted and the affirmation is accepted as filed.
Rochester Community Individual Practice Association, Inc., Respondent, v. Excellus Health Plan, Inc., &c., Appellant.	Motion for leave to appeal dismissed upon the ground that the orders sought to be appealed from do not finally determine the action within the meaning of the Constitution.
Cirro Rodriguez, Respondent, v. National Equipment Corporation, Appellant, Tonnaer Machines, B.V., Defendant. --------------------------------- (And A Third-Party Action)	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 Frank Romano, Appellant, v. New York City Department of Corrections, Respondent. Workers' Compensation Board, Respondent.	Motion for leave to appeal dismissed upon the ground that this Court does not have jurisdiction to entertain it (see, CPLR 5602).
In the Matter of James Russo, Appellant, v. Bernard Kerik, &c., Respondent.	Motion for leave to appeal dismissed as untimely (see, CPLR 5513[b]).
In the Matter of Lourdes Salgado, Appellant, v. Ruben Franco, &c., et al., Respondents.	Motion for leave to appeal dismissed as untimely. The prior motion for leave to appeal made to the Appellate Division was untimely (Karger, Powers of the New York Court of Appeals, § 73, at 452 [3d ed]).
In the Matter of Silvan Tagliaferri, d/b/a Castle Hill Homes, Respondent, v. Charles G. Weiler, et al., Appellants.	Motion for leave to appeal granted.
The People &c. ex rel. Emerson Thurman, Appellant, v. Gary Hodges, Superintendent, Gowanda Correctional Facility, et al., Respondents.	Motion for leave to appeal dismissed upon the ground that the orders sought to be appealed from do not finally determine the proceeding within the meaning of the Constitution. Motion for poor person relief dismissed as academic.
In the Matter of H. William Van Allen and Christopher Earl Strunk, Appellants, v. Democratic State Committee of the State of New York, et al., Respondents, Eliot Spitzer, Attorney General of the State of New York, Intervenor-Respondent.	On the Court's own motion, appeal transferred, without costs, to the Appellate Division, Third Department, upon the ground that a direct appeal does not lie when questions other than the constitutional validity of a statutory provision are involved (NY Const, art VI, §§ 3[b][2], 5[b]; CPLR 5601[b][2]). Motion for relief ancillary to the appeal dismissed as academic.
The People &c. ex rel. Jerome Williams, Appellant, v. Edward R. Donnelly, Superintendent, Wende Correctional Facility, Respondent.	On the Court's own motion, appeal dismissed, without costs, upon the ground that no appeal lies to this Court from the order of the individual Justice of the Appellate Division (see, NY Const, art VI, § 3[b]; CPLR 5601). Motion for poor person relief dismissed as academic.