Court of Appeals Decision List
Decided July 2, 2003
Cases
In the Matter of Maxine Allen, Appellant, Commissioner of Labor, Respondent.	Order affirmed, with costs. Opinion by Judge Read. Chief Judge Kaye and Judges Smith, Ciparick, Rosenblatt and Graffeo concur.
In the Matter of Jack Cohen, Respondent, v. Board of Appeals of the Village of Saddle Rock, Appellant.	Order affirmed, with costs. Opinion by Judge Ciparick. Chief Judge Kaye and Judges Smith, Graffeo and Read concur. Judge Rosenblatt dissents and votes to reverse in an opinion.
The People &c., Respondent, v. Linda Mangano, Appellant.	Order reversed and informations dismissed, in a memorandum. Chief Judge Kaye and Judges Smith, Ciparick, Rosenblatt, Graffeo and Read concur.
The People &c., Respondent, v. Vincent Nash, Appellant.	Order affirmed, in a memorandum. Chief Judge Kaye and Judges Smith, Ciparick, Rosenblatt, Graffeo and Read concur.
In the Matter of Frank Russo, et al., Respondents, v. Irving Black, &c., et al., Appellants.	Order affirmed, with costs. Opinion by Judge Ciparick. Chief Judge Kaye and Judges Smith, Graffeo and Read concur. Judge Rosenblatt dissents and votes to reverse in an opinion.
In the Matter of Marino S., Jr. and Others, Infants. Raquel T. and Marino S., Appellants, Angel Guardian Children and Family Services, Inc., et al., Respondents.	Order affirmed, without costs. Opinion by Chief Judge Kaye. Judges Smith, Ciparick, Rosenblatt, Graffeo and Read concur.
The People &c., Respondent, v. William Smith, Appellant.	Order affirmed, in a memorandum. Chief Judge Kaye and Judges Smith, Ciparick, Rosenblatt, Graffeo and Read concur.
The People &c., Respondent, v. Paul Stuart, Appellant.	Order affirmed. Opinion by Judge Rosenblatt. Judges Smith, Graffeo and Read concur. Chief Judge Kaye concurs in result in an opinion in which Judge Ciparick concurs.
Motions
The Benjamin Shapiro Realty Company, LLC, Appellant, v. Kemper National Insurance Companies, et al., Respondents.	Motion, insofar as it seeks leave to appeal from that portion of the Appellate Division order that affirmed that part of Supreme Court's order that denied appellant's motion for leave to serve a second amended complaint, dismissed upon the ground that such portion of the order does not finally determine the action within the meaning of the Constitution; motion for leave to appeal otherwise denied.
In the Matter of Timothy J. Daly, an attorney and counselor-at-law. Grievance Committee for the Tenth Judicial District, Respondent; Timothy J. Daly, Appellant.	Motion for leave to appeal denied.
In the Matter of the Foreclosure of Tax Liens By Clinton County. Clinton County, Respondent; Theodore Zachary, Appellant.	Motion, insofar as it seeks leave to appeal from that portion of the Appellate Division order that denied leave to appeal to the Court of Appeals, dismissed upon the ground that such portion of the order does not finally determine the proceeding within the meaning of the Constitution; motion, insofar as it seeks leave to appeal from that part of the Appellate Division order that dismissed the appeal taken to that court, dismissed upon the ground that it does not lie from the Appellate Division order dismissing the appeal from the determination entered upon default (see, CPLR 5511).
In the Matter of Foreclosure of Tax Liens by Clinton County. County of Clinton, Respondent; Tumusiime Fortunatus, Appellant.	Motion, insofar as it seeks leave to appeal from that part of the Appellate Division order that denied leave to appeal to the Court of Appeals, dismissed upon the ground that such portion of the order does not finally determine the proceeding within the meaning of the Constitution; motion, insofar as it seeks leave to appeal from that part of the Appellate Division order that dismissed the appeal taken to that court, dismissed upon the ground that it does not lie from the Appellate Division order dismissing the appeal from the determination entered upon default (see, CPLR 5511).
Christian H. Gomez, Appellant, v. Neil C. Bicknell, Defendant, Bicknell Advisory Services, Inc., Respondent.	Motion, insofar as it seeks leave to appeal from that part of the Appellate Division order that remitted for a new trial on damages on the first counter- claim, dismissed upon the ground that such portion of the order does not finally determine the action within the meaning of the Constitution; motion for leave to appeal otherwise denied.
In the Matter of Isaac H. (Anonymous). Erie County Department of Social Services, Respondent, Brenda H. and Emerson H. (Anonymous), Appellants.	Appeal dismissed without costs, by the Court sua sponte, upon the ground that no substantial constitutional question is directly involved.
Walter F. Klippel, &c., et al., Appellants, v. Alan R. Rubinstein, et al., Respondents.	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements.
In the Matter of James Lyons, Appellant, v. Joseph Grosso, &c., et al., Respondents.	Appeal dismissed without costs, by the Court sua sponte, upon the ground that no substantial constitutional question is directly involved.
In the Matter of Guardianship, &c., Joseluise Juan M., et al. &c., Jose M., Appellant, Pius XII Youth and Family Services, Respondent.	Motion for leave to appeal denied.
In the Matter of Nathaniel McCray, Jr., Appellant. Commissioner of Labor, Respondent.	Motion for reargument of motion for leave to appeal denied.
Dennis E. McGlynn, Jr., &c., et al., Appellants, v. St. Andrew the Apostle Church, et al., Respondents, Andrea Levkulich, et al., Respondents, Eric Lang, et al., Defendants.	Motion for leave to appeal denied.
Shamika McVay, Appellant, v. Brian J. Wing, &c., et al., 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. Motion for a stay &c. dismissed as academic.
Linda D. Misek-Falkoff et al., Appellants, v. American Lawyer Media, Inc., et al., Respondents.	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements.
Simone Ogilvie, et al., Appellants, v. McDonald's Corporation, et al., Respondents.	Motion, insofar as it seeks leave to appeal from that part of the Appellate Division order that affirmed the granting of summary judgment to McDonald's Corporation, Vincent Amari and Catherine Norce dismissing the complaint against them, denied; motion, insofar as it seeks leave to appeal from the remainder of the Appellate Division order, dismissed upon the ground that such part of the order does not finally determine the action with the meaning of the Constitution.
Thomas Orr, Appellant, v. City of New York, Respondent.	Motion for leave to appeal denied.
In the Matter of Arlene Owoc, Respondent, v. Syracuse University, Appellant. Workers' Compensation Board, Respondent.	Motion for reargument of motion for leave to appeal denied.
In the Matter of Latoya P., &c. Robin S., Appellant, William P., Respondent, Administration for Children's Services, Respondent.	Motion for leave to appeal denied. Motion for poor person relief dismissed as academic.
In the Matter of Joei R., et al., Children Under the Age of Eighteen Years, &c. --------------------------------- Ida S., Appellant, Jose R., Respondent, Angel Guardian Children and Family Services, Respondent.	Motion, insofar as it seeks leave to appeal from that portion of the Appellate Division order that dismissed the appeal from Family Court's dispositional order as to appellant, dismissed upon the ground that it does not lie from the Appellate Division order dismissing the appeal from an order entered upon default (see, CPLR 5511); motion, insofar as it seeks leave to appeal from that portion of the Appellate Division order that affirmed Family Court's denial of the motion to vacate, 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. Motion for poor person relief dismissed as academic.
Caryl B. Rossner, Respondent, v. Michael B. Parson, 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. Cross motion for the imposition of sanctions denied.
In the Matter of Lisa Marie S. (Anonymous). Dutchess County Department of Social Services, Respondent; Billie Jo S. (Anonymous), Appellant. (Proceeding No. 1) --------------------------------- In the Matter of Patricia Lynn S. (Anonymous). Dutchess County Department of Social Services, Respondent; Billie Jo S. (Anonymous); Appellant.	Motion for leave to appeal denied.
In the Matter of Lisa Marie S. (Anonymous). (Proceeding No. 1) --------------------------------- In the Matter of Patricia Lynn S. (Anonymous). Dutchess County Department of Social Services, Respondent; Billie Jo S. (Anonymous); Respondent; Michael S. Bromberg, Law Guardian, Appellant. (Proceeding No. 2)	Motion for leave to appeal dismissed upon the ground that appellant, having taken no appeal to the Appellate Division, may not appeal to this Court from the Appellate Division order of affirmance (see, Burrows v Burrows, 97 NY2d 695; Dellavalle v E.W. Howell Co., 93 NY2d 953).
Schoeman, Updike & Kaufman, LLP, Respondent, v. Stephen J. Dobi, Appellant.	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements.
Gregory V. Serio, &c., Respondent, v. Ardra Insurance Company, Ltd., Defendant, Richard A. DiLoreto, et al., Appellants.	Appeal dismissed without costs, by the Court sua sponte, upon the ground that no substantial constitutional question is directly involved.
In the Matter of Settco, LLC, Appellant, v. New York State Urban Development Corporation, &c. et al., Respondents.	Motion for leave to appeal denied.
Barbara Shubrick, Appellant, v. Brian J. Wing, &c., et al., 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. Motion for a stay &c. dismissed as academic.
Kathleen States et al., Appellants, v. Lourdes Hospital, a Daughter of Charity Hospital, et al., Defendants, and Riverside Associates in Anesthesia P.C. et al., Respondents.	Motion for reargument denied.