Court of Appeals Decision List
Decided January 12, 2004
Cases
The People &c., Respondent, v. Shaban Celaj, 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 and Read concur.
Randall D. Dailey, Sr. and Connie R. Dailey, Respondents, v. Patricia Keith and Timothy Keith, Appellants.	On review of submissions pursuant to section 500.4 of the Rules, orders affirmed, with costs, and certified question answered in the affirmative, in a memorandum. Chief Judge Kaye and Judges Smith, Ciparick, Rosenblatt, Graffeo and Read concur.
The People &c., Appellant, v. Ezekiel Kollar, Respondent.	On review of submissions pursuant to section 500.4 of the Rules, appeal dismissed upon the ground that the reversal by the Appellate Division was not "on the law alone or upon the law and such facts which, but for the determination of law, would not have led to reversal" (CPL 450.90[2][a]). Chief Judge Kaye and Judges Smith, Ciparick, Rosenblatt, Graffeo and Read concur.
Motions
In the Matter of Kerrianne AA., Alleged to be an Abandoned Child. Albany County Department of Children, Youth and Families, Respondent; Linda AA., Appellant.	Motion for leave to appeal denied.
In the Matter of Craig B. (Anonymous). Suffolk County Department of Social Services, Respondent; Jill B. (Anonymous), Appellant.	Motion for leave to appeal denied.
In the Matter of Akheem B., A Person Alleged to be a Juvenile Delinquent, Appellant. -------------------- Presentment Agency	Motion for leave to appeal denied.
In the Matter of Kaitlyn B. --------------------------------- Steuben County Department of Social Services, Respondent; Christina B., Appellant.	Motion for leave to appeal denied.
In the Matter of Rennette B., A Person Alleged to be A Juvenile Delinquent, Appellant.	Motion for leave to appeal denied. Motion for poor person relief dismissed as academic.
Christian Barth, &c., et al., Appellants, v. City of New York, Defendant, New York City Board of Education, et al., Respondents; Halls Security Analyst Incorporated, Third-Party Respondent.	Motion for leave to appeal denied.
In the Matter of Richard Berman, Appellant, v. City of Rochester et al., Respondents.	Motion for leave to appeal denied.
In the Matter of Terence Boddie, Appellant, v. Glenn S. Goord, Commissioner of 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 leave to appeal denied. Motion for poor person relief dismissed as academic.
The People &c., Respondent, v. Amus Boone, Appellant.	Motion for leave to appeal denied.
Stephanie Bruker, Appellant, v. Sullivan and Liapakis, P.C., et al., Respondents. --------------------------------- Stephanie Bruker, Appellant, v. Susan Savoca, Respondent.	Motion to enlarge the record on appeal denied.
Stephanie Bruker, Appellant, v. Sullivan and Liapakis, P.C., et al., Respondents. --------------------------------- Stephanie Bruker, Appellant, v. Susan Savoca, Respondent.	Motion, insofar as it seeks leave to appeal from so much of the Appellate Division order as (1) dismissed appeals from Supreme Court orders denying reargument, (2) affirmed so much of a different Supreme Court order as denied appellant's cross motion for leave to amend the complaint and (3) denied appellant's motion to enlarge the record on appeal, dismissed upon the ground that such portions of the order sought to be appealed from do not finally determine the actions within the meaning of the Constitution; motion for leave to appeal otherwise denied.
In the Matter of Diane Calabritto, et al., Appellants, v. Denis Dillon, &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 proceeding within the meaning of the Constitution.
In the Matter of Richard E. Cantwell, as District Attorney of Clinton County, Respondent, v. Kevin K. Ryan, as Acting Judge, County Court of Clinton County, Appellant.	Motion for leave to appeal granted.
Cathyann Caporale, Appellant, v. Michael C. Mesbah, et al., Respondents.	Motion for leave to appeal dismissed upon the ground that it does not lie, appellant previously having moved for leave to appeal to this Court from the Appellate Division order from which leave to appeal is currently sought (__ NY2d __, decided 10/30/03).
The Chase Manhattan Bank, Respondent, v. AXA Reinsurance UK PLC, et al., Defendants, General Star International Indemnity Ltd., Appellant. (And Another 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.
Chemical Bank, &c., Respondent, v. Curby Darnely, Appellant, 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.
In the Matter of Stephen Cole-Hatchard, Appellant, v. William Sherwood, &c., et al., Respondents.	Appeal dismissed without costs, by the Court sua sponte, upon the ground that no substantial constitutional question is directly involved.
Ronald Coleman, Appellant, v. Suffolk County Attorney, Respondent.	Motion for leave to appeal denied.
Marcelino Colon, &c., Appellant, v. H&B Plumbing & Heating, Inc. et al., Respondents.	Motion for leave to appeal denied.
In the Matter of Michael C. Coppola, et al., Respondents, v. Good Samaritan Hospital Medical Center, Defendant, Town of Islip et al., Appellants.	Motion for leave to appeal denied.
In the Matter of Michael C. Coppola, et al., Respondents, v. Good Samaritan Hospital Medical Center, Appellant, Town of Islip et al., Respondents.	Motion for leave to appeal denied.
In the Matter of Richard Crane, Appellant, v. State of New York, Executive Department, Crime Victims Board, Respondent.	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.
In the Matter of Andre S.E., Appellant, v. Erie County Department of Social Services on Behalf of Deja E., Respondent.	Motion for leave to appeal denied.
Michelle M. Ellsworth et al., Appellants, v. M.C. Derek Chan, 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.
For the People Theatres of N.Y., Inc., d/b/a Fair Theatre, et al., Respondents, v. The City of New York, et al., Appellants.	Appeal transferred without costs, by the Court sua sponte, to the Appellate Division, First Department, upon the ground that a direct appeal does not lie when questions other than the constitu- tional validity of a statutory provision are involved (NY Const, art VI, §§ 3[b][2], 5[b]; CPLR 5601[b][2]).
Paula Forrest, Appellant, v. Jewish Guild for the Blind, et al., Respondents.	Motion for leave to appeal granted.
In the Matter of Merna Gaglione, Appellant, v. Patrick A. Mahoney, &c. et al., Respondents.	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements.
Jose Ramon Gonzalez, &c., Appellant, v. Victoria Lebensversicherung AG, et al., Respondents.	Motion for leave to appeal denied.
Hands-On-Mgt, Inc., Appellant, v. C.D.O. Realty Corp., et al., Respondents.	Motion, insofar as it seeks leave to appeal as against Samana Management, LLC, denied; motion, insofar as it seeks leave to appeal as against C.D.O. Realty Corp., dismissed upon the ground that as to that party the order sought to be appealed from does not finally determine the action within the meaning of the Constitution.
In the Matter of Adrian Hernandez, Appellant, v. Donald Selsky, &c., Respondent.	Motion for leave to appeal denied. Motion for poor person relief dismissed as academic.
In the Matter of Brent HH. et al., Alleged to be Neglected Children. Otsego County Department of Social Services, Respondent; Brett JJ. et al., Appellants.	Motions for leave to appeal denied.
In the Matter of Jemar J. (Anonymous), A Person Alleged to be a Juvenile Delinquent, Appellant.	Motion for leave to appeal denied. Motion for poor person relief dismissed as academic.
Dominick Librizzi, Appellant, v. Ramada, Inc. et al., Respondents, et al., Defendant.	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.
Geraldine Maracle et al., Respondents, v. Robert J. Kohnke, D.D.S., Defendant, Peter K. Doyle, D.D.S., 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 Sami Mina, Respondent, v. Kristin Weber, Appellant.	Motion for leave to appeal denied.
In the Matter of Robert Morgan, Appellant, v. Bernard Kerik, &c., et al., Respondents.	Motion for leave to appeal denied.
In the Matter of Nextel Partners, Inc. et al., Respondents, v. Town of Fort Ann et al., Appellants, John Pettica, et al., Intervenors-Appellants.	Motion for leave to appeal denied.
In the Matter of Niagara Mohawk Power Corporation, Appellant, v. Town of Tonawanda Assessor, et al., Respondents, Kenmore-Tonawanda Union Free School District Board of Education et al., Intervenors-Respondents.	Motion for leave to appeal granted.
In the Matter of Shannon Nieves, &c., et al., Appellants, v. Frank Girimonte, et al., Respondents, Suffolk County Water Authority, Respondent.	Appeal dismissed without costs, by the Court sua sponte, upon the ground that the two-justice dissent is not on a question of law (CPLR 5601[a]).
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 reargument of motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements.
The People &c. ex rel. Philip Robinson, Appellant, v. James Conway, Respondent.	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 poor person relief dismissed as academic.
Norman Roth, et al., Appellants, v. Syracuse Housing Authority, et al., Respondents.	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements.
In the Matter of Garth S. (Anonymous). Administration for Children's Services, Respondent; Kathleen S. (Anonymous), Appellant. (Proceeding No. 1) --------------------------------- In the Matter of Kyle S. (Anonymous). Administration for Children's Services, Respondent; Kathleen S. (Anonymous), Appellant. (Proceeding No. 2)	Motion for leave to appeal denied.
Guy Shapira, Appellant, v. Robert M. Morgenthau, &c., Respondent.	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.
Elizabeth Suero, Appellant, v. Fort I Group, L.P., et al., Defendants, Northwest Management Corp., et al., Respondents.	Motion for leave to appeal denied.
Michael Sullivan, &c., Appellant, v. Citibank, N.A., Respondent, et al., Defendant.	Motion for leave to appeal denied.
In the Matter of Sherman F. Taub, et al., Appellants, v. Hon. Herbert I. Altman, &c., et al., Respondents.	Motion for leave to appeal granted.
10 Park Square Associates, Inc., Appellant, et al., Plaintiff, v. The Travelers, Respondent.	Motion for leave to appeal denied.
10 Park Square Associates, Inc., Respondent, et al., Plaintiff, v. The Travelers, Appellant.	Motion for leave to appeal denied.
Ten's Cabaret, Inc., f/k/a Stringfellow's of New York, Ltd., et al., Respondents, v. The City of New York, Appellants.	Appeal transferred without costs, by the Court sua sponte, to the Appellate Division, First Department, upon the ground that a direct appeal does not lie when questions other than the constitu- tional validity of a statutory provision are involved (NY Const, art VI, §§ 3[b][2], 5[b]; CPLR 5601[b][2]).
Leonid Timashpolsky, Appellant, v. State University of New York Health Science Center at Brooklyn, et al., Respondents.	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements.
U.S. Ice Cream Corp., et al., Appellants, v. Irving Bizar, et al., Respondents.	Motion for leave to appeal denied.
H. William Van Allen, Intervenor-Appellant, --------------------------------- Joh n F. Tobin, Plaintiff, v. County of Ulster, et al., Respondents.	On the Court's own motion, appeal transferred, without costs, to the Appellate Division, Third Department, upon the ground that a direct appeal does not lie when questions other than the constitutional validity of a statutory provision are involved (NY Const, art VI, §§ 3[b][2], 5[b]; CPLR 5601[b][2]). Motion for relief ancillary to the appeal dismissed as academic.
The People &c., Respondent, v. Stuart Bennett Vorpahl, Appellant.	Appeal dismissed without costs, by the Court sua sponte, upon the ground that it does not lie (see, NY Const, art VI, § 3[b]; CPLR 5601; CPL 450.90).
The People &c., Respondent, v. Charles Voss, Appellant.	Motion for leave to appeal dismissed upon the ground that this Court does not have jurisdiction to entertain it (see, CPLR 5602). Motion for poor person relief dismissed as academic.
In the Matter of Collie W., A Person Alleged to be a Juvenile Delinquent, Appellant.	Motion for leave to appeal denied. Motion for poor person relief dismissed as academic.
Waste Recovery Enterprises, LLC, Appellant-Respondent, v. Town of Unadilla, et al., Respondents-Appellants.	Motion and cross motion for leave to appeal denied.