Court of Appeals Decision List
Decided June 10, 2004
Cases
In the Matter of Dominic J. Belmonte, et al., Respondents, v. Robert R. Snashall, &c., et al., Appellants.	Order reversed, with costs, petition dismissed and the subject regulations declared valid to the extent challenged herein. Opinion by Judge Ciparick. Chief Judge Kaye and Judges Smith, Rosenblatt, Graffeo, Read and Smith concur.
Ona Brill et al., Appellants, v. City of New York, Respondent, et al., Defendants.	Order reversed, with costs, and the motion of the City of New York for summary judgment dismissing the complaint against it denied. Opinion by Chief Judge Kaye. Judges Ciparick, Rosenblatt, Graffeo, Read and R.S. Smith concur. Judge G.B. Smith dissents and votes to affirm in an opinion.
The People &c., Respondent, v. Gregory P. Cunningham, Appellant.	Order reversed and indictment dismissed. Opinion by Judge Rosenblatt. Chief Judge Kaye and Judges Smith, Ciparick, Graffeo, Read and Smith concur.
Amy N. Holterman, Respondent, v. Robert K. Holterman, Appellant.	Order affirmed, with costs. Opinion by Judge Graffeo. Chief Judge Kaye and Judges G.B. Smith, Ciparick and Rosenblatt concur. Judge R.S. Smith dissents in an opinion in which Judge Read concurs.
The People &c., Respondent, v. Eugene Konieczny, Appellant.	Order affirmed. Opinion by Judge Graffeo. Chief Judge Kaye and Judges Smith, Ciparick, Rosenblatt, Read and Smith concur.
The People &c., Respondent, v. Gustavo Reynoso, Appellant.	On review of submissions pursuant to section 500.4 of the Rules, order affirmed, in a memorandum. Chief Judge Kaye and Judges Smith, Ciparick, Rosenblatt, Graffeo, Read and Smith concur.
Motions
In the Matter of Jeremy W. Alderson, Respondent, v. New York State College of Agriculture and Life Sciences at Cornell University, et al., Appellants.	Motion for leave to appeal granted.
In the Matter of The Benjamin Shapiro Realty Company, Appellant, v. The New York State Division of Housing and Community Renewal, Respondent.	Motion for leave to appeal denied.
In the Matter of James Blackwell, Appellant, v. Glenn S. Goord, &c., et al., Respondents.	Motion for leave to appeal denied.
In the Matter of Peter A. Blake, Appellant. Commissioner of Labor, Respondent.	Motion for leave to appeal denied.
In the Matter of Alfred C. Blanche, Appellant, v. Glenn S. Goord, Commissioner, New York State Department of Correctional Services, Respondent.	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.
Douglas Boles, et al., Respondents, v. Dormer Giant, Inc., d/b/a Dormers Are Us, Appellant; Personal Touch Home Improvements, Inc., Third-Party Respondent.	Motion for leave to appeal granted.
In the Matter of Anthony Bottom, Appellant, v. Brion Travis, &c., Respondent.	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.
The People &c. ex rel Thurman Brown, Appellant, v. Thomas M. Poole, &c., Respondent.	Motion for leave to appeal dismissed upon the ground that the document from which leave to appeal is sought does not constitute an order or judgment appealable to this Court (see, NY Const, art VI, § 3; CPLR 5602).
In the Matter of Salvatore C. (Anonymous), III. Administration for Children's Services, Respondent; Suzy C. (Anonymous), Appellant, et al., Respondent.	Motion for leave to appeal denied.
Joseph Cooper, &c. et al., Appellants, v. Hempstead General Hospital 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.
In the Matter of Diamond Waterproofing Systems, Inc., Appellant, v. 55 Liberty Owners Corp., Respondent.	Motion for leave to appeal granted. Motion for a stay pending disposition of the appeal granted.
In the Matter of Albert F. (Anonymous), Appellant; Commissioner of New York State Office of Mental Health, et al., Respondents.	Motion for leave to appeal denied. Judge Rosenblatt took no part.
44th-47th Realty Associates LLC, Respondent, v. Jose Fuentes, Appellant.	Motion for leave to appeal denied.
In the Matter of Kenneth G. Hodosy, Jr., Appellant, v. Board of Trustees of Roswell P. Flower Memorial Library, Respondent.	Motion for leave to appeal denied.
Hon Fui Hui, Appellant, v. East Broadway Mall, Inc., Respondent.	Motion for leave to appeal granted.
Dusan M. Jevtic et al., Appellants, v. Liberty Mutual Insurance Co., et al., Respondents.	Motion for reargument of motion for leave to appeal denied.
In the Matter of Clyde Johnson, Appellant, v. Glenn S. Goord, &c., Respondent.	Motion for leave to appeal denied. Motion for poor person relief dismissed as academic.
JMD Holding Corp., Respondent, v. Congress Financial Corporation, Appellant, First Union National Bank, Defendant.	Motion for leave to appeal granted.
JMD Holding Corp., Respondent, v. Congress Financial Corporation, Appellant, First Union National Bank, Defendant.	Motion by Commercial Finance Association for leave to appear amicus curiae on the motion for leave to appeal herein granted and the affirmation and brief are accepted as filed.
Marilyn B. Lewittes, Respondent, v. David Lewittes, 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.
In the Matter of Manice DeForest Lockwood, Deceased. --------------------------------- The Trustees of Columbia Univer- sity, et al., Respondents, Julia Planchart Lockwood, Respondent, Alfred F. Sica, Former Guardian Ad-Litem Appellant, Edward F. Cox, Guardian Ad-Litem Respondent.	Motion for leave to appeal denied. Judge G.B. Smith took no part.
The People &c. ex rel. James Myron, Appellant, v. James Kralik, Respondent.	Motion for leave to appeal denied. Motion for poor person relief dismissed as academic.
In the Matter of Village of Port Chester, &c., Respondent, v. Maria Martinez, d/b/a Mark Anthony Restaurant, Appellant.	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.
The People &c. ex rel. Stanley Preileau, Appellant, v. Warden, Rikers Island Correctional Facility, et al., Respondents.	Motion for leave to appeal denied. Motion for poor person relief dismissed as academic.
Bruce Rounds and Renee Rounds, Appellants, v. Nicholas Todora et al., Respondents, et al., Defendant.	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements.
Mary Lou Saccone, Respondent, v. Elm Hill Plaza, LLC, 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.
Mercedes Savarese, et al., Appellants, v. Sacred Hearts & St. Stephen's Church, et al., Respondents. (And another title.)	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements.
Pepi S. Summer, Appellant, v. Marine Midland Bank, N.A. et al., Respondents, et al., 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 the Arbitration between Vestal Central School District et al., Appellants, -and- Vestal Teachers Association et al., Respondents.	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements.
Joan Wade-Keszey et al., Appellants, v. Town of Niskayuna et al., Respondents.	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements.