Court of Appeals Decision List
Decided September 9, 2003
Motions
In the Matter of Renee Abbott, Appellant, v. Barker Central School District Board of Education, Respondent.	Motion for leave to appeal denied.
In the Matter of Pilar L. Apiado, Appellant, v. North Shore University Hospital, Respondent, Commissioner of Labor, Respondent.	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.
The People &c., Respondent, v. Anthony Armatullo a/k/a Michael Bonano, Appellant.	Appeal dismissed without costs, by the Court sua sponte, upon the ground that no civil appeal lies from the order entered in this criminal action (see, NY Const, art VI, § 3[b]; CPLR 5601; CPL 450.90).
Linda Bement, Appellant, v. N.Y.P. Holdings, Inc., &c., Respondent.	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements.
Linda Bement, Appellant, v. N.Y.P. Holdings, Inc., &c., Respondent.	Motion by Now Legal Defense and Education Find for leave to file a brief amicus curiae on the motion for leave to appeal herein granted and the brief is accepted as filed.
In the Matter of Shawnon Bolden, Appellant, v. Donald Selsky, &c., Respondent.	Motion for leave to appeal denied.
Joseph Bruni, Appellant, v. City of New York, Respondent, et al., Defendant.	Motion for leave to appeal granted.
Ryan Burger, et al., Plaintiffs, Russell Woron, Appellant, v. Union Carbide Corporation, et al., Respondents.	Motion, insofar as it seeks leave to appeal from that part of the Appellate Division order that affirmed Supreme Court's dismissal of the complaint insofar as it was brought by Russell Woron, denied; motion for leave to appeal otherwise dismissed upon the ground that the remaining portion of the order sought to be appealed from does not finally determine the action within the meaning of the Constitution.
The People &c. ex rel. Robert Camarano, Appellant, v. Joseph Costello, Superintendent, Mid-State Correctional Facility, 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).
Amy L. Collins, Appellant, v. Bruce W. Collins, Respondent.	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements.
In the Matter of Joseph DD., Alleged to be a Neglected Child. Schenectady County Department of Social Services, Respondent; Angela DD., Appellant.	Motion for reargument of motion for leave to appeal denied.
In the Matter of Paul Faison, Appellant, v. Glenn S. Goord, et al., Respondents.	Motion for reconsideration, treated as a motion for reargument, denied.
In the Matter of James Charles Garofalo, Appellant, v. Thomas D. Nolan, Jr., as Justice of the Supreme Court, Saratoga County, Respondent.	Appeal dismissed without costs, by the Court sua sponte, upon the ground that no substantial constitutional question is directly involved.
Jeffrey B. Gaul, Appellant, v. American Employers' Insurance Company, et al., Respondents, et al., Defendants. (Appeal No. 1)	Motion for reargument of motion for leave to appeal denied. Judge Graffeo took no part.
Jeffrey B. Gaul, Appellant, v. American Employers' Insurance Company, et al., Defendants, American Arbitration Association, Respondent. (Appeal No. 2)	Motion for reargument of motion for leave to appeal denied. Judge Graffeo took no part.
The People &c. ex rel. Peter Graziano, Appellant, v. Joseph Costello, Superintendent, Mid-State Correctional Facility, Respondent.	Motion for leave to appeal denied.
In the Matter of Ruby Howard, Appellant, v. New York Times, et al., Respondents. Workers' Compensation Board, Respondent.	Motion for reargument of motion for leave to appeal denied.
In the Matter of Herbert T. Jones, Appellant, v. New York State Department of Correctional Services 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 poor person relief dismissed as academic.
Larry Miller, Respondent, v. Xiao Mei, also known as Emily Miller, Appellant.	Motion for reargument of motion for leave to appeal denied.
Peter A. Morales et al., Appellants, v. Grand Cru Associates et al., Respondents.	Motion for leave to appeal denied.
NYCTL 1996-1 Trust, &c., Respondent, v. Elspeth King, Appellant, et al., Defendants. --------------------------------- Ralph Cannon, Nonparty-Respondent, -and- Superior Bank, FSB, Nonparty-Appellant.	Motion for leave to appeal dismissed upon the ground that the order sought to be appealed from does not finally determine the action or proceeding within the meaning of the Constitution.
NYCTL 1996-1 Trust, &c., Respondent, v. Andrew-Zuck Realty Corp., et al., Appellants, The People &c., et al., Defendants.	Appeal dismissed without costs, by the Court sua sponte, upon the ground that no substantial constitutional question is directly involved.
Charleen Palumbo, Respondent, v. Robert Palumbo, Appellant.	Motion for leave to appeal dismissed upon the ground that simultaneous appeals do not lie to the Appellate Division and the Court of Appeals (see, Parker v Rogerson, 35 NY2d 751, 753). Motion for a stay dismissed as academic.
Angela Pashayan, Respondent, v. Rochelle M. Corson, Appellant.	Motion for leave to appeal denied.
Penn-America Group, Inc., Appellant, v. Zoobar, Inc., Respondent, et al., Defendants.	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements.
Ralph H. Speken, et al., Appellants, v. Columbia Presbyterian Medical Center, Respondent.	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements.
In the Matter of Theresa P. Swanson, Appellant, v. Board of Education of City of New York, Respondent.	Motion for leave to appeal denied.
Rosemary Toriola, d/b/a Chikoly's Africana, Appellant, v. Joseph Kahen et al., Respondents.	Motion for leave to appeal denied.
The People &c. ex rel. Victor Woodard, Appellant, v. Daniel A. Senkowski, &c., Respondent.	Motion for leave to appeal denied. Motion for poor person relief dismissed as academic.