Court of Appeals Decision List
Decided December 16, 2004
Cases
The People &c., Respondent, v. Mark P. Jones, Appellant.	Order affirmed. Opinion by Judge Rosenblatt. Chief Judge Kaye and Judges Smith, Ciparick, Graffeo, Read and Smith concur.
In the Matter of R.M. Kliment & Frances Halsband, Architects, Respondent, v. McKinsey & Company, Inc., Appellant.	Order affirmed, with costs. Opinion by Judge Ciparick. Chief Judge Kaye and Judges Smith, Rosenblatt, Graffeo, Read and Smith concur.
George E. Pataki, as Governor of the State of New York, Respondent, v. New York State Assembly, et al., Appellants.	Order affirmed, without costs. Opinion by Judge R.S. Smith. Judges Graffeo and Read concur. Judge Rosenblatt concurs in result in an opinion in which Judge G.B. Smith concurs. Chief Judge Kaye dissents in an opinion in which Judge Ciparick concurs.
The People &c., Respondent, v. Carlos Prado, Appellant.	Order affirmed, in a memorandum. Chief Judge Kaye and Judges Ciparick, Rosenblatt, Graffeo and Read concur. Judge R.S. Smith dissents in part in an opinion. Judge G.B. Smith dissents and votes to reverse and order a new trial in an opinion.
Sheldon Silver, &c., et al., Appellants, v. George E. Pataki, Governor, &c., Respondent.	Order affirmed, without costs. Opinion by Judge R.S. Smith. Judges Graffeo and Read concur. Judge Rosenblatt concurs in result in an opinion in which Judge G.B. Smith concurs. Chief Judge Kaye dissents in an opinion in which Judge Ciparick concurs.
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.	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 question No. 1 answered in the affirmative and certified question No. 2 not answered. Opinion by Judge G.B. Smith. Chief Judge Kaye and Judges Ciparick, Rosenblatt, Graffeo, Read and R.S. Smith concur.
Motions
Paul Alicanti, et al., Appellants, v. William F. Bianco, et al., Respondents, et al., Defendant.	Motion for reargument of motion for leave to appeal denied.
In the Matter of Eduard Aminov, Respondent, v. New York Black Car Operators Injury Compensation Fund, Inc., et al., Appellants. Workers' Compensation 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.
Alfredo Colon Aviles, Respondent, v. San Rafael Cooperativa de Ahorro y Credito, Appellant.	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.
Dawn Bantum, Appellant, v. American Stock Exchange, LLC, et al., Respondents, Heights Partners, Inc., et al., Defendants.	Motion for leave to appeal granted.
John Webb Barham, Appellant, v. Suffolk County Community College, et al., Respondents.	Motion for leave to appeal denied.
Margaret Barry, et al., Plaintiffs, v. Hanna Hildreth, Appellant, Robert T. Barry, Third-Party Respondent.	Motion for leave to appeal denied.
In the Matter of Edward Brown, Jr., Respondent, v. Verizon New York, Inc., Formerly Known as Bell Atlantic, Appellant. Workers' Compensation Board, Respondent. (And Five Other Related Proceedings).	Motion for leave to appeal dismissed upon the ground that the order sought to be appealed from does not finally determine the proceedings within the meaning of the Constitution.
The People &c., Respondent, v. Carlos Caban, Appellant.	Motion, treated as one for assignment of counsel, granted only to the extent that Robert J. Boyle, Esq., 350 Broadway, Suite 308, New York, NY 10013 is assigned without fee to represent appellant on the appeal herein. Counsel may, however, apply for reimbursement of necessary disbursements incurred in connection with the assignment, subject to the limitations contained in section 500.10(c) of this Court's Rules of Practice.
The People &c. ex rel. Reggie Caswell, Appellant, v. New York State Division of Parole, Respondent.	Motion for leave to appeal denied.
Alice Clissuras, Appellant, v. Concord Village Owners, Inc. et al., Respondents.	Motion for reargument denied.
Con-Solid Contracting Co., Inc., Appellant, v. Harris Litwak, et al., Respondents, et al., Defendants.	Motion for leave to appeal denied. Judge Rosenblatt took no part.
Coney Island Resorts, Inc., Appellant, v. The City of New York, Respondent.	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements.
Credit Suisse First Boston Corporation, Appellant, v. William Pitofsky et al., Respondents.	Motion to enlarge the record on appeal denied.
In the Matter of Eshagh Eshaghian, a/k/a E. Ike Eshaghian, deceased. Mahrokh Eshaghian et al., Respondents; David Eshaghian, Nonparty Appellant.	Motion, insofar as it seeks leave to appeal from that part of the Appellate Division order that affirmed Surrogate Court's order denying renewal, dismissed upon the ground that such portion of the order does not finally determine the proceeding within the meaning of the Constitution; motion for leave to appeal otherwise denied.
In the Matter of Eduardo Eusebio, Appellant, v. Verizon New York, Inc., Respondent. Workers' Compensation Board, Respondent.	Motion for leave to appeal denied.
Edwin Frederick, Respondent, v. Josef Fried, Appellant, et al., Defendant. --------------------------------- Edwin Frederick &c., et al., Respondents, v. Josef Fried, Appellant.	Motion for leave to appeal denied. Motion for a stay dismissed as academic.
Patricia Ann Grant, Respondent, v. Julia P. Heit, Appellant.	Motion for leave to appeal denied.
In the Matter of Shawn Green, Appellant, v. George B. Duncan, &c., Respondent.	Motion for leave to appeal denied. Motion for poor person relief dismissed as academic.
In the Matter of Frances T. Gully, Appellant. Commissioner of Labor, Respondent.	Motion for leave to appeal denied.
I. Appel Corporation, et al., Appellants, v. Mahoney Cohen & Company, CPA, P.C., &c., et al., Respondents.	Motion for leave to appeal denied.
Island Holding, LLC, Plaintiff, v. Denis J. O'Brien, a/k/a Denis O'Brien, et al., Respondents, Nicholas Valner, &c., et al., Appellants, et al., Defendants.	Motion for leave to appeal denied.
The People &c., Respondent, v. Michael Johnson, 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.
JMD Holding Corp., Respondent, v. Congress Financial Corporation, Appellant, First Union National Bank, Defendant.	Motion by Commercial Finance Association for leave to file a brief amicus curiae on the appeal herein granted and the proposed brief is accepted as filed.
The People &c., Respondent, v. Thomas Kelly, Appellant.	Motion for assignment of counsel granted and Robert S. Dean, Esq., Center for Appellate Litigation, 74 Trinity Place, 11th Floor, New York, NY 10006 assigned as counsel to the appellant on the appeal herein.
Jeffrey Laing, Appellant, v. Samuel Cantor, d/b/a Law Offices of Samuel Cantor, Respondent, Michael A. Coscia, et al., Respondents.	Motion, insofar as it seeks leave to appeal against Samuel Cantor d/b/a Law Offices of Samuel Cantor, 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; motion for leave to appeal otherwise denied.
Leonard J. Levenson, et al., Respondents, v. Jonathan Lippman, &c.,et al., Appellants.	Motion by Association of Justices of the Supreme Court of the State of New York et al. for leave to appear amici curiae on the appeal herein granted to the extent that the proposed brief is accepted as filed. Chief Judge Kaye took no part.
The People &c., Respondent, v. Raul Lopez, 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 Metro Enviro Transfer, LLC, Appellant, v. Village of Croton-On-Hudson, et al., Respondents.	Motion for leave to appeal granted. Motion for a stay granted.
Frank Moreta, also known as Frank Pichardo, &c., Appellant, v. The City of New York, et al., Respondents.	Motion for leave to appeal denied.
New York Telephone Company, Respondent, v. Supervisor of Town of Oyster Bay, et al., Appellants, et al., Defendants. (Action No. 1) --------------------------------- New York Telephone Company, Respondent, v. Supervisor of Town of Oyster Bay, et al., Appellants, et al., Defendants, (and a third-party action).	Motion by Association of Towns of the State of New York for leave to file a brief amicus curiae on the appeal herein granted and the proposed brief is accepted as filed.
In the Matter of New York City Council, et al., Appellants, v. The City of New York, et al., Respondents, Chelsea Property Owners Association, et al., Intervenors-Respondents.	Motion for leave to appeal denied.
NYCTL 1997-1 Trust, et al., Respondents, v. Gerard T. Goonan, Appellant, et al., Defendant.	Motion for reargument of motion for leave to appeal denied.
Dan Panarello, Plaintiff, v. John A. Segalla, Respondent, Frank Vinchiarello, 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.
Mohammed Owolabi Salis, Appellant, v. Ghana Airways, 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 Michael T. Sarro, Appellant, v. Mary H. Smith, Respondent.	Motion for leave to appeal dismissed as untimely (see, CPLR 5513[b]).
The People &c., Respondent, v. Katherine M. Seeber, Appellant.	Motion for assignment of counsel granted and Eugene P. Grimmick, Esq., 52 Second Street, Troy, NY 12180 assigned as counsel to the appellant on the appeal herein.
The People &c. ex rel. Anthony Smith, Appellant, v. John Burge, Superintendent, Auburn Correctional Facility, Respondent.	Motion for leave to appeal denied.
State Farm Mutual Automobile Insurance Co., Appellant, v. Robert Mallela, et al., Respondents,	Motion by Gregory V. Serio, Superintendent of Insurance of the State of New York, for leave to file a brief amicus curiae on consideration of the certified question herein granted and the proposed brief is accepted as filed.
John Timmins et al., Appellants, v. Tishman Construction Corp. et al;., Respondents, Bayside Fencing, Inc., 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.
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.	Motion by United Policyholders for leave to file a brief amicus curiae on consideration of the certified question herein granted and the proposed brief is accepted as filed.
The People &c., Appellant, v. Norris Williams, Respondent.	Motion for assignment of counsel granted and Robert S. Dean, Esq., Center for Appellate Litigation, 74 Trinity Place, 11th Floor, New York, NY 10006 assigned as counsel to the respondent on the appeal herein.
James Tyrone Woolfalk, &c. et al., Respondents, v. New York City Housing Authority, 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.
Linda Yau, &c., Respondent, et al., Plaintiff, v. New York City Transit Authority, et al., Appellants, Delroy Danvers, Respondent.	Motion for leave to appeal denied.
Edward A. Zacher, et al., Plaintiffs, v. Oakdale Islandia Limited Partnership, et al., Respondents, et al., Defendants; First Indemnity of America Insurance Company, Third-Party Appellant, et al., Third-Party Defendants.	Motion for leave to appeal denied.