Court of Appeals Decision List
Decided February 12, 2004
Cases
Aspro Mechanical Contracting, Inc., et al., Respondents, v. Fleet Bank, N.A., Appellant.	Judgment appealed from and order of the Appellate Division brought up for review affirmed, with costs. Opinion by Judge Graffeo. Chief Judge Kaye and Judges George Smith, Ciparick, Rosenblatt and Read concur. Judge Robert Smith took no part.
Burnell G. Carney and Alice Carney, by L. David Zube, Chapter 11 Trustee, Appellants, v. James V. Philippone, Respondent.	Following certification of questions by the United States Court of Appeals for the Second Circuit and acceptance of the questions by this Court pursuant to section 500.17 of the Rules of Practice of the New York State Court of Appeals, and after hearing argument by counsel for the parties and consideration of the briefs and the record submitted, certified questions answered in accordance with the opinion herein. Opinion by Chief Judge Kaye. Judges George Smith, Ciparick, Rosenblatt, Graffeo and Read concur. Judge Robert Smith took no part.
In the Matter of Michael Chang, Appellant, v. Glenn S. Goord, &c., et al., Respondents.	On review of submissions pursuant to section 500.4 of the Rules, order reversed, with costs, and matter remitted to Supreme Court, New York County, for further proceedings in accordance with the memorandum herein. Chief Judge Kaye and Judges George Smith, Ciparick, Rosenblatt, Graffeo and Read concur. Judge Robert Smith took no part.
In the Matter of Donald P. Guido, Appellant, v. Glenn S. Goord, &c., et al., Respondents.	Order reversed, with costs, and matter remitted to Supreme Court, Albany County, for further proceedings in accordance with the opinion herein. Opinion by Judge Rosenblatt. Chief Judge Kaye and Judges George Smith, Ciparick, Graffeo and Read concur. Judge Robert Smith took no part.
In the Matter of Neil D. Levin, as Superintendent of Insurance of the State of New York, Respondent, v. National Colonial Insurance Company, Respondent, and Chase Manhattan Bank, N.A., Appellant.	Order affirmed, with costs. Opinion by Judge Read. Chief Judge Kaye and Judges Ciparick, Rosenblatt and Graffeo concur. Judges George Smith and Robert Smith took no part.
In the Matter of Silvan Tagliaferri, d/b/a Castle Hill Homes, Respondent, v. Charles G. Weiler, et al., Appellants.	On review of submissions pursuant to section 500.4 of the Rules, order reversed, with costs, and matter remitted to the Appellate Division, Second Department, for further proceedings in accordance with the memorandum herein. Chief Judge Kaye and Judges Smith, Ciparick, Rosenblatt, Graffeo, Read and Smith concur.
Motions
Miguel Amaris, Appellant, v. Sharp Electronics Corporation, Respondent.	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements.
American Airlines, Inc., Respondent, v. Carl Icahn, et al., Appellants.	Motion for leave to appeal denied.
In the Matter of Androme Leather Corporation, Appellant, v. City of Gloversville et al., Respondents.	Motion for leave to appeal denied.
In the Matter of Alan Bart, &c., Respondent, v. Philip John Miller, Appellant.	Motion for leave to appeal denied.
Richard Becker, Appellant, v. The State of New York, Respondent.	Motion for reargument denied.
In the Matter of Arlene Beckles, Appellant, v. Bernard Kerik, &c., et al., Respondents.	Motion for leave to appeal denied.
In the Matter of Joseph Brammer, Appellant, v. Thomas Ricks, &c., et al., Respondents.	Motion for leave to appeal denied.
Arthur Brown, Appellant, v. Christopher Street Owners Corp., 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 Citineighbors Coalition of Historic Carnegie Hill, &c., et al., Appellants, v. The New York City Landmarks Preservation Commission, et al., Respondents.	Motion by The Real Estate Board of New York, Inc. for leave to file a brief amicus curiae on the appeal herein granted and the proposed brief is accepted as filed.
Jimmy A. Cottone et al., Appellants, v. C & C Spirits, Inc., d/b/a Rockbottom Liquors, Respondent.	Motion for reargument of motion for leave to appeal denied.
Harold Davis, Appellant, v. Branford Estates, Ltd., et al., Respondents.	Motion for leave to appeal granted.
The People &c., Respondent, v. Ederick Fabricio, Appellant.	Motion for assignment of counsel granted and Richard M. Greenberg, Esq., Office of the Appellate Defender, 45 West 45th Street, 7th Floor, New York, NY 10036 assigned as counsel to the appellant on the appeal herein.
In the Matter of Shalimar F., et al. --------------------------------- Erie County Department of Social Services, Respondent; Darrell G., Sr., Appellant.	Motion for leave to appeal denied.
Yvonne Fine, &c., Appellant, v. City of New York, et al., Respondents.	Motion for leave to appeal dismissed for failure to demonstrate timeliness as required by section 500.11(d)(1)(iii) of this Court's Rules of Practice. Motion for poor person relief dismissed as academic.
Paul Galatowitsch et al., Appellants, v. New York City Gay & Lesbian Anti-Violence Project, Inc., Respondent.	Motion for leave to appeal denied.
In the Matter of John A. Graziano, &c., Appellant, v. County of Albany et al., Respondents.	Motion for leave to appeal granted. Judge Graffeo took no part.
Greenburgh Eleven Union Free School District, Respondent, v. National Union Fire Insurance Company of Pittsburgh, PA, Appellant, Coregis Insurance Company, 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.
Eboni Grimes, &c. et al., Appellants, v. City of New York, Defendant, New York City Housing Authority, Respondent.	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements.
In the Matter of Domaniqua H. (Anonymous). Rockland County Department of Social Services, Child Protective Services, Respondent; Arlene H. (Anonymous), Appellant.	Motion for leave to appeal denied.
The People &c., Respondent, v. Michael Henriquez, Appellant.	Motion for assignment of counsel granted and Laura Johnson, Esq., The Legal Aid Society, 199 Water Street, New York, NY 10038 assigned as counsel to the appellant on the appeal herein.
Home Depot, U.S.A., Inc., Appellant, v. Edward B. Dunn, &c., et al., Respondents.	Motion by The Building and Realty Institute of Westchester & The Mid-Hudson Region to file a brief amicus curiae on the appeal herein granted. Twenty copies of a brief may be filed and three copies served within ten days.
In the Matter of Michael I., A Person Alleged to be a Juvenile Delinquent, Appellant. ------------------- Presentment Agency	Motion for leave to appeal denied. Motion for poor person relief dismissed as academic.
Constantine Korelis, Appellant, v. Conriv Realty Corp., 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. Motion for poor person relief dismissed as academic.
In the Matter of Daverus McQ. (Anonymous), a/k/a Davarus McQ. (Anonymous), Appellant.	Motion for leave to appeal denied.
Marilyn Melendez, Appellant, v. Norman S. Feinberg, Respondent.	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements.
National Union Fire Insurance Company, et al., Appellants, v. State Insurance Fund, Respondent, CNA Insurance Company, et al., Defendants.	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements.
New York State Association of Nurse Anesthetists, Respondent, v. Antonia C. Novello, as Commissioner of Health, et al., Appellants.	Motion by American Association of Nurse Anesthetists for leave to appear amicus curiae on the appeal herein granted to the extent that the proposed brief is accepted as filed.
In the Matter of Notre Dame Leasing, LLC, Respondent, v. Alexandra Rosario, et al., Appellants.	Motion by City of New York for leave to appear amicus curiae on the appeal herein granted to the extent that 20 copies of a brief may be filed and three copies served within ten days.
NYCTL 1996-1 Trust, &c., Respondent, v. LFJ Realty Corp., Appellant, et al., Defendants, RADA Corp., Nonparty 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.
Thomas E. O'Brien, et al., Respondents, v. Town of Huntington, et al., Appellants, The Board of Trustees of the Town of Huntington, Nonparty Appellant. --------------------------------- (And Six Additional Actions)	Motion for leave to appeal dismissed upon the ground that the order sought to be appealed from does not finally determine the actions within the meaning of the Constitution and is not an order of the type provided for in CPLR 5602(a)(2).
Tadeusz Olszewski, et al., Respondents, v. Park Terrace Gardens, Inc., et al., Third-Party Respondents, v. Plaza Restoration Inc., Third-Party 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 Petro Patistas, Jr., Appellant, v. New York State Racing and Wagering Board, Division of Harness Racing, Respondent.	Motion for leave to appeal denied.
The People &c., Respondent, v. Kenneth H. Payne, Appellant.	Motion for assignment of counsel granted and Robert C. Mitchell, Esq., Legal Aid Society of Suffolk County, Appeals Bureau, Arthur M. Cromarty Court Complex, 300 Center Drive, P.O. Box 1697, Riverhead, NY 11901-0960 assigned as counsel to the appellant on the appeal herein.
The People &c. ex rel. Mitchell Planter, Appellant, v. Joseph McCoy, &c. et al., Respondents.	Motion for leave to appeal denied.
In the Matter of Margaret R. (Anonymous). Roger V. Russell, Appellant, Family and Children's Association, et al., Respondents.	Motion for leave to appeal denied.
In the Matter of Frank Romano, Appellant, v. New York City Department of Corrections, Respondent. Workers' Compensation Board, Respondent.	Motion for reargument of motion for leave to appeal denied.
The People &c., Respondent, v. Richard Rosario, Appellant.	Motion for an extension of the time within which to apply for permission to appeal pursuant to CPL 460.20 granted and motion papers treated as a timely CPL 460.20 application.
In the Matter of Erry Rosas, Appellant, v. Shirley Baker, &c., et al., Respondents.	Motion for leave to appeal denied.
Aldo Rubeis, et al., Plaintiffs, v. The Aqua Club Inc., d/b/a V.I.P. Tennis & Beach Club, Ltd., et al., Defendants. --------------------------------- The Aqua Club, Inc., Third-Party Appellant, v. Venezia Iron Works, Inc., Third-Party Respondent.	Motion for leave to appeal granted.
The People &c., Respondent, v. Dallas Simon, Appellant.	Motion for an extension of time within which to apply for permission to appeal pursuant to CPL 460.20 dismissed upon the ground that no application for leave to appeal pursuant to CPL 460.20 will lie from an order of a single justice of the Appellate Division denying leave to appeal to that Court pursuant to CPL 460.15.
Susan Tallis et al., Appellants, v. Fleet Bank et al., Respondents.	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements.
The People &c., Respondent, v. Albert Williams, Appellant.	Motion for an extension of the time within which to apply for permission to appeal pursuant to CPL 460.20 granted and motion papers treated as a timely CPL 460.20 application.
Bertha Williams, &c., et al., Appellants, v. City of New York, Respondent, et al., Defendants.	Motion by Detectives' Endowment Association for leave to file a brief amicus curiae on the appeal herein granted and the proposed brief is accepted as filed.