Court of Appeals Decision List
Decided May 13, 2004
Cases
Bower Associates, Appellant, v. Town of Pleasant Valley et al., Respondents.	Order affirmed, with costs. Opinion by Chief Judge Kaye. Judges G.B. Smith, Ciparick, Rosenblatt, Graffeo and Read concur. Judge R.S. Smith took no part.
Jacqueline Galindo, &c., Appellant, v. Town of Clarkstown, Defendant, C. Richard Clark, Respondent.	Order affirmed, with costs. Opinion by Judge G.B. Smith. Judges Rosenblatt, Read and R.S. Smith concur. Chief Judge Kaye dissents in an opinion in which Judges Ciparick and Graffeo concur.
Denise Hanford, Appellant, v. Plaza Packaging Corp., et al., Defendants, Morton Landowne, Respondent.	Order reversed, with costs, complaint reinstated against defendant Landowne and certified question answered in the negative. Opinion by Judge R.S. Smith. Chief Judge Kaye and Judges G.B. Smith, Ciparick, Rosenblatt, Graffeo and Read concur.
Home Depot, U.S.A., Inc., Appellant, v. Edward B. Dunn, &c., et al., Respondents.	Order affirmed, with costs. Opinion by Chief Judge Kaye. Judges G.B. Smith, Ciparick, Rosenblatt, Graffeo and Read concur. Judge R.S. Smith took no part.
In the Matter of Korean Joong Bu Presbyterian Church of New York, &c., Appellant, v. Incorporated Village of Old Westbury, 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, Nassau County, with directions to remand to respondent Board of Assessors of the Incorporated Village of Old Westbury for further proceedings in accordance with the memorandum herein. Chief Judge Kaye and Judges Smith, Ciparick, Rosenblatt, Graffeo, Read and Smith concur.
Local Government Assistance Corporation et al., Appellants-Respondents, v. Sales Tax Asset Receivable Corporation et al., Respondents-Appellants.	Order modified, with costs to defendants, by reinstating the September 17, 2003 order of Supreme Court, Albany County, and, as so modified, affirmed. Opinion by Judge G.B. Smith. Chief Judge Kaye and Judges Ciparick, Rosenblatt, Graffeo and Read concur. Judge R.S. Smith took no part.
Star City Sportswear, Inc., Appellant, v. The Yasuda Fire & Marine Insurance Company of America, Respondent.	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.
The People &c., Respondent, v. Michael Wheeler, Appellant.	Order affirmed. Opinion by Judge Ciparick. Chief Judge Kaye and Judges Smith, Rosenblatt, Graffeo, Read and Smith concur.
In the Matter of Carol A. Wilson et al., Respondents, v. Linda A. McGlinchey et al., Appellants. (And Another Related Proceeding).	Order affirmed, with costs. Opinion by Judge Graffeo. Chief Judge Kaye and Judges Smith, Ciparick, Rosenblatt, Read and Smith concur.
Motions
In the Matter of Travis A., et al., Permanently Neglected Children. St. Lawrence County Department of Social Services, Respondent; Daisy B., Appellant.	Motion for leave to appeal denied.
Carol Baker, Appellant, v. Nicole Joyal, Defendant, Franklyn Akey, Respondent.	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements.
In the Matter of Jonathan B. (Anonymous). Catholic Home Bureau for Dependent Children, Respondent; Lilliana B. (Anonymous), 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. Motion for a stay dismissed as academic. Motion for poor person relief dismissed as academic.
John Buric, Appellant, v. Howard Safir, &c., et al., Respondents.	Motion for leave to appeal denied.
In the Matter of Linda Cook, Respondent, v. Scott Rabinowitz, Appellant.	Motion for leave to appeal denied. Motion for poor person relief dismissed as academic.
Rhonda Covington, Appellant, v. Carlton Walker, Respondent.	Motion for assignment of counsel granted and Alan J. Pierce, Esq., c/o Hancock & Estabrook, LLP, 1500 MONY Tower I, P.O. Box 4976, Syracuse, NY 13221-4976 is assigned without fee to represent respondent on the appeal herein. Counsel may, however, apply for reimbursement of necessary disbursements incurred in connection with the assignment.
The People &c., ex rel. Sylvester Davis, Appellant, v. Warden, Arthur Kill Correctional Facility, et al., Respondents.	Motion for leave to appeal denied.
Excel Graphics Technologies, Inc., Appellant, v. CFG/AGSCB 75 Ninth Avenue, L.L.C., 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 a stay dismissed as academic.
In the Matter of Warren H., Jr., and Heaven H. Erie County Department of Social Services, Respondent; Warren H., Sr., Appellant. --------------------------------- In the Matter of Miracle J.H. Erie County Department of Social Services, Respondent; Warren H., Sr., Appellant.	Motion for leave to appeal denied.
George Heath, Appellant, v. John S. Wojtowicz, et al., Respondents.	Motion for leave to appeal dismissed upon the ground that the Court of Appeals does not have jurisdiction to entertain the motion (see, NY Const, art VI, § 3[b]; CPLR 5602).
The People &c., Respondent, v. Michael Henriquez, Appellant.	Motion for leave to file a supplemental pro se brief granted.
Thomas Knauer, Plaintiff, v. Diane L. Anderson, &c., et al., Defendants. --------------------------------- Diane L. Anderson, &c. et al., Third-Party Respondents, et al., Third-Party Plaintiff, v. Ronald A. Knauer, Jr., &c., 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.
Brian Lustenring, et al., Appellants, v. 98-100 Realty, LLC, et al., Respondents, Leonard Zigelbaum, et al., Defendants. --------------------------------- (And Four Third-Party Actions).	Motion, insofar as it seeks leave to appeal as against third-party defendants Rector Street Parking, Inc. and the City of New York, dismissed upon the ground that, as to these third-party defendants, appellants are not parties aggrieved (CPLR 5511); motion, insofar as it seeks leave to appeal as against defendant fourth third-party plaintiff 98-100 Realty LLC, dismissed upon the ground that as to this party the order sought to be appealed from does not finally determine the action within the meaning of the Constitution; motion for leave to appeal otherwise denied.
In the Matter of Robert F. Meehan, et al., Appellants, v. County of Westchester, et al., Respondents.	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements.
In the Matter of City of Mount Vernon Industrial Development Agency. City of Mount Vernon Industrial Development Agency, Respondent; Town of Pelham, et al., Nonparty Appellants.	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements.
Ada Rodriguez, Appellant, v. The Trustees of Columbia University in the City of New York, et al., Respondents.	Motion, insofar as it seeks leave to appeal from that portion of the February 6, 2003 Appellate Division order that dismissed the appeal from Supreme Court's order dismissing the complaint, denied; motion for leave to appeal otherwise dismissed upon the ground that the remaining portion of the February 6, 2003 Appellate Division order as well as the January 6, 2004 Appellate Division order sought to be appealed from do not finally determine the action within the meaning of the Constitution. Motion for poor person relief dismissed as academic.
Ada Rodriguez, Appellant, v. The Trustees of Columbia University in the City of New York, et al., Respondents.	Motion, insofar as it seeks disqualification of Chief Judge Kaye and Judge R.S. Smith &c., dismissed upon the ground that the Court has no authority to entertain the motion made on nonstatutory grounds. The application seeking recusal is referred to the Chief Judge and to Judge R.S. Smith for their individual considera- tion and determination. Chief Judge Kaye and Judge R.S. Smith each respectively denies the referred motion for recusal. Motion for a stay dismissed as academic.
Ada Rodriguez, Appellant, v. The Trustees of Columbia University in the City of New York, et al., Respondents.	Motion for the imposition of sanctions denied.
In the Matter of Daniel C.S. --------------------------------- Niagara County Department of Social Services, Respondent; Daniel S., Appellant; Ann D., Respondent.	Motion for leave to appeal denied.
Robert L. Schulz et al., Appellants, v. New York State Legislature, et al., Respondents.	Appeal dismissed without costs, by the Court sua sponte, upon the ground that no substantial constitutional question is directly involved.
In the Matter of Paul Smith and Janet Smith, Appellants, v. Town of Mendon, Planning Board of Town of Mendon, and Richard Burgwardt, in his official capacity as Chairman of Town of Mendon Planning Board, Respondents.	Motion by Pacific Legal Foundation for leave to file a brief amicus curiae on the appeal herein granted to the extent that the proposed brief is accepted as filed.