Court of Appeals Decision List
Decided October 30, 2003
Cases
John M. Bansbach, Appellant, v. Michael F. Zinn, et al., Respondents.	Order modified, without costs, by reinstating the order of Supreme Court, Ulster County, and, as so modified, affirmed. Opinion by Chief Judge Kaye. Judges Smith, Ciparick, Rosenblatt, Graffeo and Read concur.
Blue Cross and Blue Shield of New Jersey, Inc., &c. et al., Plaintiffs-Respondents, v. Philip Morris USA Incorporated, et al., Defendants-Appellants, B.A.T. Industries P.L.C., 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.
Jean Marie Di Simone, &c., Appellant, v. Good Samaritan Hospital, et al., Respondents, et al., Defendants.	Order reversed, with costs, and order of Supreme Court, Suffolk County, reinstated, in a memorandum. Chief Judge Kaye and Judges Smith, Ciparick, Graffeo and Read concur. Judge Rosenblatt took no part.
Christine A. Jeffreys, Appellant, v. Dr. Patrick H. Griffin, Respondent.	Order affirmed, with costs, and certified question answered in the affirmative. Opinion by Judge Read. Chief Judge Kaye and Judges Smith, Ciparick, Rosenblatt and Graffeo concur.
Rodney Bruce Peters, Appellant, v. State Farm Fire and Casualty Company, Respondent.	On review of submissions pursuant to section 500.4 of the Rules, order modified, with costs to defendant, by declaring that defendant has no duty to indemnify in connection with the under- lying personal injury action and, as so modified, affirmed, in a memorandum. Chief Judge Kaye and Judges Smith, Ciparick, Rosenblatt, Graffeo and Read concur.
Motions
Gus Bevona, &c., Respondent, v. David Lipton/31 West 47th Street Co., Appellants, Realty Advisory Board on Labor Relations, Inc., Respondent.	Motion for leave to appeal denied.
Joanne Brennan, et al., Appellants, v. Bruce S. Shulman, et al., Respondents.	Motion for leave to appeal denied.
Cathyann Caporale, Appellant, v. Michael C. Mesbah, 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.
John Chambers, et al., Respondents, v. Old Stone Hill Road Associates et al., Appellants.	Motion to enlarge the record on appeal denied.
Rachel Djeddah, Appellant, v. Robert S. Starr, Respondent.	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements.
Carmel N. Donovan, et al., Appellants, v. Lewis Rothman, et al., Respondents, et al., Defendants.	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. Chief Judge Kaye took no part.
In the Matter of John Faraci, et al., Appellants, v. Neil Jon Firetog, &c., et al., Respondents, Charles J. Hynes, &c., Additional Respondent.	Motion for leave to appeal denied.
Rachel Gagliardi, Respondent, v. American Suzuki Motor Corporation, et al., Appellants.	Motion by the Chamber of Commerce of the United States for leave to file a brief amicus curiae on the motion for leave to appeal herein granted and the brief is accepted as filed.
Rachel Gagliardi, Respondent, v. American Suzuki Motor Corporation, et al., Appellants.	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements.
In the Matter of Theresa Gandolfo, Respondent, v. MTK Electronics et al., Appellants. Workers' Compensation Board, Respondent.	Motion for leave to appeal denied.
Grover D. Garner, Respondent, v. Irene F. Garner, Appellant.	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements.
Green Harbour Homeowners' Association, Inc., Appellant, v. G.H. Development and Construction, Inc., 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.
Amy Weissbrod Gurvey, Appellant, v. Patrick F. Lynch, 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 dismissed as academic.
Thomas Hayes, Appellant, Patricia Hayes, Plaintiff, v. Normandie LLC et al., Respondents. --------------------------------- (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.
Orlando Holliday, et al., Appellants, v. Hudson Armored Car & Courier Service, Inc., Respondent, Hudson Armored Car & Courier Service of Westchester, Inc., Defendant. --------------------------------- (And a third-party action) --------------------------------- (And a second third-party action)	Motion, insofar as it seeks leave to appeal from that part of the Appellate Division order that affirmed Supreme Court's order denying appellants' motion for leave to amend the 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 Inlet Homes Corp., Appellant, v. Zoning Board of Appeals of Town of Hempstead, Respondent.	Motion for leave to appeal granted.
Kling Real Estate, Ltd., Appellant, v. Frank DePalma, Defendant, Gina DePalma, Respondent.	Motion for leave to appeal denied.
Sook Hi Lee, Appellant, v. 401-403 57th St. Realty Corp. et al., Respondents.	Motion, insofar as it seeks leave to appeal from so much of the Appellate Division order as affirmed the denial of appellant's motion to amend the 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 Lighthouse Properties, Appellant, v. New York State Division of Housing and Community Renewal, Respondent, Dennis M. Ellison, et al., Intervenors-Respondents.	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements.
In the Matter of Elizabeth McCrea Luessenhop, Appellant, v. Clinton County, Respondent.	Motion for leave to appeal dismissed upon the ground that it does not lie from the Appellate Division order dismissing the appeal to that court from the determination entered upon default (see, CPLR 5511).
Annette Meiselman, Appellant, v. McDonald's Restaurants, et al., Respondents.	On the Court's own motion, appeal dismissed, without costs, upon the ground that no substantial constitutional question is directly involved. Motion for leave to appeal denied. Motion for poor person relief dismissed as academic.
George Misirlakis, et al., Appellants, v. East Coast Entertainment Properties, Inc., et al., Respondents.	Motion, insofar as it seeks leave to appeal from the Appellate Division order that affirmed Supreme Court's order dismissing the complaint, denied; motion, insofar as it seeks leave to appeal from the Appellate Division order dismissing the appeal to that court, dismissed as untimely (see, CPLR 5513[b]).
Carol NN., Appellant, v. James Stone, &c., Respondent.	Motion for leave to appeal denied.
In the Matter of Oak Street Management Inc. Marlene Jacobowitz, et al., Respondents; Arthur F. Concors, et al., Appellants.	Motion for leave to appeal dismissed upon the ground that the order sought to be appealed from does not finally determine the proceeding within the meaning of the Constitution. Motion for a stay dismissed as academic.
In the Matter of Oswego County Support Collection Unit, on behalf of Jennifer Little, Respondent, v. Brian M. Richards, Appellant.	Motion for leave to appeal denied. The Court of Appeals restates the rule that denial of a motion for leave to appeal is not equivalent to an affirmance and has no precedential value (see, e.g., Matter of Marchant v Mead- Morrison Mfg. Co., 252 NY 284, 297-298). Motions for a stay, a preference and poor person relief dismissed as academic.
Donna M. Pascarella, as Admini- strator of the Estate of Jean M. Hudson, Deceased, Respondent, v. Michael J. Carlotta, Appellant.	Motion, insofar as it seeks leave to appeal from the order of the Appellate Division that affirmed Supreme Court's order denying appellant's motion to vacate, dismissed upon the ground that such order does not finally determine the action within the meaning of the Constitution; motion for leave to appeal otherwise denied.
Frank Pingtella, Jr., as Admini- strator of the Estate of Virginia R. Pingtella, Also Known As Ginger R. Pingtella, Deceased, Plaintiff, Frank Pingtella, Jr., Individ- ually &c. of Frank V. Pingtella, an Infant, Appellant, v. Leeland Jones, M.D., Respondent.	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 Larry Porter, Appellant, v. Michael P. McGinnis, &c., Respondent.	Motion for leave to appeal denied. Motion for poor person relief dismissed as academic.
Public Administrator of the County of New York, &c., Appellant, v. Frota Oceanica Brasileira, S.A., et al., Respondents.	Motion, insofar as appellant seeks leave to appeal on behalf of the estate of Ricardo Fontes Conde, dismissed upon the ground that as to this individual the action has not been finally determined within the meaning of the Constitution; motion for leave to appeal otherwise denied.
Mark C. Smelts, Appellant, v. Andrew Meloni, Sheriff of Monroe County, et al., Defendants, County of Monroe, Respondent.	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements.
In the Matter of Town of Southampton, Appellant, v. New York State Public Employment Relations Board et al., Respondents.	Motion to dismiss the appeal herein denied.
In the Matter of Anna Marie SS., Alleged to be a Neglected Child. Madison County Department of Social Services, Respondent; Karen SS., Appellant.	Motion for leave to appeal denied.
In the Matter of Darlene Walton, Respondent, v. Michael Walton, Respondent; Juana Delance, Appellant. (Proceeding No. 1) --------------------------------- (And a similar proceeding.) (Proceeding No. 2)	Motion for leave to appeal denied.
In the Matter of West Genesee Central School District, Appellant-Respondent, v. West Genesee Teachers Associa- tion, Respondent-Appellant.	Motion and cross motion for leave to appeal denied.