Court of Appeals Decision List
Decided May 11, 2004
Cases
Maria Victoria Anglero, &c., Appellant, v. New York City Board of Education, Respondent.	On review of submissions pursuant to section 500.4 of the Rules, order modified, without costs, by denying defendant's motion for summary judgment and, as so modified, affirmed, in a memorandum. Chief Judge Kaye and Judges Smith, Ciparick, Rosenblatt, Graffeo, Read and Smith concur.
The People &c., Appellant, v. Ramon Aponte, Respondent.	Order affirmed. Opinion by Judge Ciparick. Chief Judge Kaye and Judges Smith, Rosenblatt, Graffeo, Read and Smith concur.
In the Matter of the consideration of the suspension of Hon. Henry R. Bauer, from the office of Judge of the Troy City Court, Rensselaer County, pursuant to New York Constitution, Article 6, section 22, subd. e and g, and Judiciary Law section 44, subd. 8(a) and (c).	On the Court's own motion, it is determined that Hon. Henry R. Bauer is suspended, with pay, effective immediately from his office of Judge of the Troy City Court, Rensselaer County, pending disposition of his request for review of a determination by the State Commission on Judicial Conduct. Chief Judge Kaye and Judges Smith, Ciparick, Rosenblatt, Graffeo, Read and Smith concur.
In the Matter of Robert J. (Anonymous), Appellant.	Order affirmed, without costs. Opinion by Judge Graffeo. Chief Judge Kaye and Judges Smith, Ciparick, Rosenblatt, Read and Smith concur.
Elizabeth M. McCormick, &c., Appellant, v. The City of New York, et al., Respondents.	Order affirmed, with costs. Opinion by Judge Read. Chief Judge Kaye and Judges Smith, Ciparick, Rosenblatt, Graffeo and Smith concur.
In the Matter of Notre Dame Leasing, LLC, Respondent, v. Alexandra Rosario, et al., Appellants.	Order affirmed, with costs, and certified question answered in the affirmative. Opinion by Judge Rosenblatt. Chief Judge Kaye and Judges Graffeo, Read and R.S. Smith concur. Judge Ciparick dissents and votes to reverse in an opinion in which Judge G.B. Smith concurs.
In the Matter of Kareem R. (Anonymous), Appellant.	Order affirmed, without costs. Opinion by Judge Graffeo. Chief Judge Kaye and Judges Smith, Ciparick, Rosenblatt, Read and Smith concur.
U.S. Underwriters Insurance Company, Respondent-Appellant, v. City Club Hotel, LLC, Shelby Realty, LLC, Forthright Develop- ment, LLC, Metropolitan Hotels, LLC, Stephen Brighenti and Jonathan P. Zambetti, Appellants-Respondents, and Marek Szpakowski and Agnes Szpakowski, Respondents.	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, Read and Smith concur.
Bertha Williams, &c., et al., Appellants, v. City of New York, Respondent, et al., Defendants.	Order affirmed, with costs. Opinion by Judge Read. Chief Judge Kaye and Judges Smith, Ciparick, Rosenblatt, Graffeo and Smith concur.
Enisa Zanki, et al., Appellants, v. Gerald K. Cahill, et al., Defendants, Cushman & Wakefield, Inc., Respondent. -------------------------------- Cushman & Wakefield, Inc., Third-Party Respondent, v. California JKC Properties, Inc., &c., Third-Party Respondent, Tishman Speyer Properties, Inc., et al., Third-Party Defendants.	On review of submissions pursuant to section 500.4 of the Rules, order affirmed, with costs, in a memorandum. Chief Judge Kaye and Judges Smith, Ciparick, Rosenblatt, Graffeo, Read and Smith concur.
Motions
In the Matter of Association of Cable Access Producers, et al., Appellants, v. Public Service Commission of the State of New York, et al., Respondents.	Motion for leave to appeal denied. Judge Read took no part.
In the Matter of Thomas Attonito, et al., Appellants, v. Jose Maldonado, &c., et al., Respondents.	Motion for leave to appeal denied. Judge Read took no part.
In the Matter of the Arbitration Between Ayco Company, L.P. et al., Respondents, -and- Kirk A. Walton, Appellant.	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. Judge Read took no part.
Dellie Britt et al., Appellants, v. New York City Housing Authority, Respondent, et al., Defendant. (And A Third-Party Action).	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements. Judge Read took no part.
In the Matter of Keith Devlin et al., Respondents, v. New York State Division of Housing and Community Renewal, Respondent, 302 East 3rd Street Associates, LLP, Intervenor-Appellant.	Motion for leave to appeal denied. Judge Read took no part.
In the Matter of Jessica A.H.E., Respondent, v. Robert C.H., Jr., Appellant. (Appeal No. 1) --------------------------------- In the Matter of Robert C.H., Jr., Appellant, v. Jessica A.H.E., Respondent. (Appeal No. 2)	Motion for leave to appeal denied. Judge Read took no part.
In the Matter of Woodrow Flemming, Appellant, v. Hon. Charles Tejada, &c., et al., Respondents.	Motion for leave to appeal denied. Motion for poor person relief dismissed as academic. Judge Read took no part.
Garnerville Holding Company, Inc., Appellant, v. Kaye Insurance Associates, Inc., Respondent.	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements. Judge Read took no part.
John Humphrey, Appellant, v. Onondaga County Sheriff's Department and Kimbrook Manor Apartments, Respondents.	On the Court's own motion, appeal dismissed, without costs, upon the ground that the orders appealed from do not finally determine the action within the meaning of the Constitution. Motion for poor person relief dismissed as academic. Judge Read took no part.
Michelle Ingoglia, &c., et al., Appellants, v. Martin Leshaj, et al., Defendants, Central Hudson Gas & Electric Corporation et al., Respondents.	Motion for leave to appeal denied. Judge Read took no part.
Dmitri Jelvakov, Appellant, v. AHL Processing Equipment Co., et al., Defendants, EMI, Inc., Respondent. --------------------------------- (And Two Third-Party Actions).	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements. Judge Read took no part.
In the Matter of Eric Kelly, Appellant, v. Hon. J. Michael Bruhn, Judge of the Ulster County Court, et al., Respondents.	Appeal dismissed without costs, by the Court sua sponte, upon the ground that no substantial constitutional question is directly involved. Judge Read took no part.
In the Matter of Leo A. Marino, Appellant, v. Charles J. Hynes, &c., Respondent.	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. Judge Read took no part.
Rudy Markard &c., Appellant, v. Lawrence H. Bloom, Respondent.	Motion for leave to appeal denied. Judge Read took no part.
The People &c., Appellant, v. Angel Mateo, Respondent.	Motion dismissed upon the ground that no action or proceeding is presently pending before the Court (see, People v Smith, 63 NY2d 896). An application to enforce this Court's remittitur, if such applica- tion properly lies, is by appeal, not motion (see, Karger, Powers of the New York Court of Appeals, 3d ed., § 122). Judge Read took no part.
Anthony Meola, et al., Appellants, v. Metro Demolition Contracting Corp., et al., Respondents.	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements. Judge Read took no part.
Donna Mestric, Appellant, v. Martinez Cleaning Co., Inc., et al., Respondents.	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements. Judge Read took no part.
Million Gold Realty Co., Inc., Appellant, v. S.E. & K. Corp., Respondent. --------------------------------- (And two similar actions.)	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements. Judge Read took no part.
In the Matter of Monroe County Support Collection Unit, on behalf of Shatrina McCutchen, Appellant, v. Steven White, Respondent.	Motion for leave to appeal denied. Judge Read took no part.
In the Matter of Dawn N., A Permanently Neglected Child. St. Lawrence County Department of Social Services, Respondent; Robert N., Appellant. (And Three Other Related Proceedings.)	Motion for leave to appeal dismissed upon the ground that movant is not a party aggrieved (see, CPLR 5511). Judge Read took no part.
In the Matter of Donald G. Pedro, Respondent, v. Village of Endicott et al., Appellants. Workers' Compensation Board, Respondent.	Motion for leave to appeal denied. Judge Read took no part.
Quantum Corporate Funding, Ltd., Respondent, v. Westway Industries, Inc., Defendant, United States Fidelity and Guaranty Company, Appellant.	Motion for leave to appeal granted. Judge Read took no part.
Quantum Corporate Funding, Ltd., Respondent, v. Westway Industries, Inc., Defendant, United States Fidelity and Guaranty Company, Appellant.	Motion by the Subcontractors Trade Association, Inc. for leave to appear amicus curiae on the motion for leave to appeal herein granted and the affirmation is accepted as filed. Judge Read took no part.
Robert M. Rubin, Respondent, v. Robin K.W. Rubin, Appellant.	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements. Judge Read took no part.
In the Matter of David R. Sachs, Appellant, v. New York State Racing and Wagering Board, Division of Harness Racing, Respondent.	Motion for leave to appeal denied. Judge Read took no part.
In the Matter of Susan A. Sales, Respondent, v. Randy J. Brozzo, Appellant.	Motion for leave to appeal denied. Judge Read took no part.
In the Matter of Gregory Serio, &c. Frontier Insurance Company --------------------------------- Commercial Risk Re-Insurance Co., Respondent, v. Superintendent of Insurance of the State of New York, &c., 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. Judge Read took no part.
Sun Plaza Enterprises Corp., Appellant, v. Crown Theatres, L.P., 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 action within the meaning of the Constitution. Motion for a stay dismissed as academic. Judge Read took no part.