Court of Appeals Decision List
Decided September 14, 2004
Cases
In the Matter of the consideration of the suspension of Hon. Richard Guertin from the office of Judge of the Middletown City Court, Orange County, pursuant to New York State Constitution, Article 6, section 22 and Judiciary Law section 44, subd. 8.	On the Court's own motion, it is determined that Honorable Richard Guertin is suspended, with pay, effective immediately, from his office of Judge of the Middletown City Court, Orange County, pursuant to New York State Constitution, Article 6, section 22 and Judiciary Law section 44, subd. 8. Chief Judge Kaye and Judges Smith, Ciparick, Rosenblatt, Graffeo, Read and Smith concur.
In the Matter of William Schafer et al., Appellants, v. Edward Reilly, &c., et al., Respondents.	On review of submissions pursuant to section 500.4 of the Rules, order reversed, with costs, and judgment of Supreme Court, Nassau County, reinstated, in a memorandum. Chief Judge Kaye and Judges Smith, Ciparick, Rosenblatt, Graffeo, Read and Smith concur.
Motions
In the Matter of Lior A. (Anonymous), Appellant, Commissioner of New York State Office of Mental Health, Respondent, Dov A. (Anonymous), Intervenor-Appellant.	Appeal, insofar as taken from that portion of the December 2003 order of the Appellate Division that dismissed defendant's appeal from County Court's order of conditions, dismissed, without costs, by the Court sua sponte, upon the ground that no substantial constitutional question is directly involved; appeal otherwise dismissed, without costs, by the Court sua sponte, upon the ground that the remaining portion of the December 2003 Appellate Division order and the February 2004 Appellate Division order denying reargument do not finally determine the proceeding within the meaning of the Constitution.
In the Matter of Gabriel Acosta, &c., Appellant, v. Raymond Kelly, as Police Commissioner of the City of New York, &c., Respondent.	Motion for leave to appeal denied.
Amanda Alba and Alex Reyes, Infants, Respondents, v. Joseph Pastoressa, Executor of the Estate of Angelo Riviezzo, 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]).
American Linen Supply Company, Respondent, v. M.W.S. Enterprises, Inc., Appellant.	Appeal dismissed without costs, by the Court sua sponte, upon the ground that the order appealed from does not finally determine the action within the meaning of the Constitution.
Cheryl Andrea, et al., Appellants, v. Arnone, Hedin, Casker, Kennedy and Drake, Architects and Landscape Architects, P.C. (Habiterra Associates), et al., Defendants, Tiede-Zoeller, Inc., Respondent. (Action No. 1) --------------------------------- Mark Foster, et al., Appellants, v. Jamestown Public Schools, Tiede- Zoeller, Inc., Respondents, et al., Defendants. (Action No. 2)	Appeal, insofar as taken by Timothy Moran, dismissed without costs, by the Court sua sponte, upon the ground that the two-justice dissent at the Appellate Division is not in his favor.
In the Matter of Prince Backman, Appellant, v. Glenn S. Goord, Commissioner, New York Department of Correctional Services, Respondent.	Motion for leave to appeal denied. Motion for poor person relief dismissed as academic.
In the Matter of Judith Berlin, Appellant, v. Village of Scarsdale, Respondent.	Motion for leave to appeal denied.
Robert Brown, Appellant, v. New York City Health and Hospitals Corporation, Respondent.	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements.
Deborah Buchholz, &c., Appellant, v. Trump 767 Fifth Avenue, LLC, Respondent.	Motion for leave to appeal granted.
In the Matter of Arbitration Between Buffalo Police Benevolent Association, Respondent, -and- City of Buffalo, Appellant.	Motion for leave to appeal granted.
Evangelia Caran, Appellant, v. Hilton Hotels Corporation, et al., Respondents.	Motion, insofar as it seeks leave to appeal from the Appellate Division order of affirmance, dismissed as untimely. The prior motion for leave to appeal made to the Appellate Division was untimely (Karger, Powers of the New York Court of Appeals § 73, at 452 [3d ed]); motion, insofar as it seeks leave to appeal from the Appellate Division order denying reargument or, alternatively, leave to appeal to this Court, dismissed upon the ground that such order does not finally determine the action within the meaning of the Constitution.
The People &c., Respondent, v. Michael Carswell, Appellant.	Motion for leave to appeal denied.
In the Matter of Marion T. Fayo, a/k/a Marion Fayo, Deceased. Rosalie Ceriale, Respondent; Margaret Fayo, Appellant.	Motion, insofar as it seeks leave to appeal from that portion of the Appellate Division order that dismissed the appeal from the Surrogate's Court's decision, dismissed upon the ground that no motion for leave to appeal lies from an Appellate Division order dismissing an appeal from a decision (see, CPLR 5602); motion for leave to appeal otherwise denied.
Nicole Ficarra, &c., et al., Appellants, v. Stuart I. Parker, et al., Defendants, County of Suffolk, et al., Respondents.	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements.
Steven H. Fisher et al., Respondents, v. Jeffrey Coghlan, Appellant, 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.
In the Matter of Woodrow Flemming, Appellant, v. Hon. Charles Tejada, &c., et al., Respondents.	Motion for reargument of motion for leave to appeal denied.
The People &c., Respondent, v. Man Xing Guo, Appellant.	Appeal dismissed without costs, by the Court sua sponte, upon the ground that no appeal lies as of right from the order of the Appellate Division entered in this criminal proceeding (see, NY Const, art VI, § 3[b]; CPLR 5601; CPL 450.90).
Arelis Guzman, et al., Appellants, v. Schiavone Construction Co. et al., Respondents, City of New York et al., Defendants.	Motion, insofar as it seeks leave to appeal from the Appellate Division order denying reargument or, alternatively, leave to appeal to this Court, dismissed upon the ground that such order does not finally determine the action within the meaning of the Constitution; motion for leave to appeal otherwise denied.
The People &c., Respondent, v. Thomas Hanley, Appellant.	Motion for assignment of counsel granted and Gary T. Kelder, Esq., P.O. Box 403, Manlius, NY 13104-0403 assigned as counsel to the appellant on the appeal herein.
John Humphrey, Appellant, v. Onondaga County Sheriff's Department, Defendant, Kimbrook Manor Apartments, Respondent.	On the Court's own motion, appeal dismissed, without costs, upon the ground that no substantial constitutional question is directly involved. Motion for poor person relief dismissed as academic.
In the Matter of Deb Ireland, a Disbarred Attorney. Committee on Professional Standards, Respondent, Deb Ireland, Appellant.	Appeal dismissed without costs, by the Court sua sponte, upon the ground that no substantial constitutional question is directly involved.
Alan D. Kucker et al., Plaintiffs, v. Kaminsky & Rich, &c., et al., Respondents, et al., Defendants. --------------------------------- Kucker & Bruh, LLP, Nonparty Appellant.	Motion for leave to appeal denied.
Joseph LaMacchia, &c., et al., Appellants, v. Frances Rogers, 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.
In the Matter of Donald Maccio, Appellant, v. Glenn S. Goord, as Commissioner &c., Respondent.	Motion for leave to appeal denied. Motion for poor person relief dismissed as academic.
In the Matter of Paul C. Maggio, d/b/a Patchogue Nursing Center, Respondent, v. Barbara A. DeBuono, &c., et al., Appellants.	Motion for leave to appeal granted.
In the Matter of William T. McTighe, Respondent, v. Lisa Andel Pearl, Appellant. --------------------------------- In the Matter of Lisa Andel Pearl, Appellant, v. William T. McTighe, Respondent.	Motion by Ardeth L. Houde, Esq. to be relieved as law guardian for Ashley M. on the appeal herein granted to the extent that she is so relieved and Diane V. Bruns, Esq., c/o LoPinto, Schlather, Solomon & Salk, Esqs., 200 East Buffalo Street, P.O. Box 353, Ithaca, NY 14851 is substituted in her stead.
National Granite Title Insurance Agency, Inc., &c., Respondent, v. Cadlerock Properties Joint Venture, L.P. et al., Appellants.	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 to enlarge the record on appeal dismissed as academic.
In the Matter of Stacey P., A Person Alleged to be a Juvenile Delinquent, Appellant.	Motion for leave to appeal denied.
Santiago Paris, Appellant, v. Waterman Steamship Corporation, Respondent.	Motion, insofar as it seeks leave to appeal from the Appellate Division order that dismissed the appeal to that court from Supreme Court's order dismissing the action, denied; motion, insofar as it seeks leave to appeal from the Appellate Division order denying appellant's motion for leave to appeal to this Court, dismissed upon the ground that such order does not finally determine the action within the meaning of the Constitution.
The People &c., Respondent, v. Lorenzo Peterson, Appellant.	Motion for leave to appeal denied.
In the Matter of Anthony Ramirez, Respondent, v. New York State Division of Human Rights, Appellant, Aladdin Laminating, Inc., Respondent.	Motion for leave to appeal granted.
Edwina Schleider, Appellant, v. The State of New York, Respondent.	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements.
The People &c. ex rel. Alexander Thomas, Appellant, v. Martin Cirincione, as Chair of the New York State Division of Parole, et al. Respondents.	Appeal dismissed without costs, by the Court sua sponte, upon the ground that no substantial constitutional question is directly involved.
Mary Ann Todzia, Appellant, v. Saint Vincent Catholic Medical Centers et al., Respondents, et al., Defendants.	Motion for leave to appeal denied.
Nello Trizzano et al., Appellants, v. Allstate Insurance Company, et al., Respondents.	Motion, insofar as it seeks leave to appeal as against Allstate Insurance Company, denied; motion for leave to appeal otherwise dismissed upon the ground that, as to Marinaccio & Azznara, the order sought to be appealed from does not finally determine the action within the meaning of the Constitution.
In the Matter of Mahmood Yoonessi, Appellant, v. State Board for Professional Medical Conduct et al., Respondents.	Motion for leave to appeal denied.