Court of Appeals Decision List
Decided November 18, 2004
Cases
Diane Bennett,
Respondent,
v.
New York City Transit Authority,
Appellant.

On review of submissions pursuant to
section 500.4 of the Rules, order
affirmed, with costs, and certified
question answered in the affirmative,
in a memorandum.
Chief Judge Kaye and Judges Smith,
Ciparick, Rosenblatt, Graffeo, Read
and Smith concur.
In the Matter of 427 West 51st
Street Owners Corp.,
Appellant,
v.
Division of Housing and
Community Renewal,
Respondent.
Order affirmed, with costs.
Opinion by Judge Read.
Chief Judge Kaye and Judges Smith,
Ciparick, Rosenblatt, Graffeo and
Smith concur.
Allen Hyman, et al.,
Appellants,
v.
Queens County Bancorp, Inc.
d/b/a Queens County Savings Bank,
Respondent.
Order affirmed, with costs, in a
memorandum.
Chief Judge Kaye and Judges Smith,
Ciparick, Rosenblatt, Graffeo, Read
and Smith concur.
Sandra Kazel,
Appellant,
v.
Susana Corsello Kazel, as
Administrator of the Estate of
Robert Kazel, Deceased,
Respondent.
Order affirmed, with costs, and certified
question answered in the affirmative.
Opinion by Chief Judge Kaye.
Judges Smith, Ciparick, Rosenblatt,
Graffeo, Read and Smith concur.
David Lang,
Appellant,
v.
Hanover Insurance Company
et al.,
Respondents.
Order affirmed, with costs.
Opinion by Judge Graffeo.
Chief Judge Kaye and Judges Smith,
Ciparick, Rosenblatt, Read and Smith
concur.
In the Matter of Malta Town
Centre I, Ltd.,
Respondent,
v.
Town of Malta Board of
Assessment Review,
Appellant.
Order reversed, with costs, and matter
remitted to Supreme Court, Saratoga
County, for further proceedings in
accordance with the opinion herein.
Opinion by Judge Ciparick.
Chief Judge Kaye and Judges G.B. Smith,
Rosenblatt, Graffeo and Read concur.
Judge R.S. Smith dissents and votes to
affirm in an opinion.

Roger Mason, &c.,
Appellant,
v.
Central Suffolk Hospital, et al.,
Respondents.

Order affirmed, with costs.
Opinion by Judge R.S. Smith.
Chief Judge Kaye and Judges G.B. Smith,
Ciparick, Rosenblatt, Graffeo and Read
concur.
Motions
In the Matter of Steve Christian,
Appellant,
v.
Glenn S. Goord, &c.,
Respondent.
Motion for leave to appeal denied.
Motion for poor person relief dismissed
as academic.
Joseph Dalton et al.,
Appellants-Respondents,
v.
George Pataki, as Governor of the
State of New York, et al.,
Respondents-Appellants,
et al.,
Respondents.
(Action No. 1)
---------------------------------
Lee Karr,
Appellant-Respondent,
v.
George Pataki, as Governor of the
State of New York, et al.,
Respondents-Appellants,
et al.,
Respondents.
(Action No. 2)
Motion by Daniel T. Warren for leave to
file an amicus curiae brief on the
appeals herein granted. Twenty copies
of the brief may be filed and three copies
served within 10 days.
In the Matter of Stephen Dibbs,
Appellant,
v.
John Mulholland, &c., et al.,
Respondents.
Motion for leave to appeal denied.
In the Matter of Benjamin
Economico,
Appellant,
v.
New York State and Local Police
and Fire Retirement System,
Respondent.

Motion for leave to appeal denied.
The People &c.,
Respondent,
v.
Lita Fontana,
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 Robert Funk,
Appellant,
v.
Bernard Kerik, &c., et al.,
Respondents.
Motion for leave to appeal denied.
The Hoot Group, Inc.,
Respondent,
v.
David R. Caplan,
Appellant.
Motion for leave to appeal denied with
one hundred dollars costs and necessary
reproduction disbursements.
In the Matter of Blanche D.
Hunter, deceased.
Chase Manhattan Bank, &c.,
Respondent,
v.
Judith Chinello, &c., et al.,
Appellants.
Motion by New York Bankers Association for
leave to file a brief amicus curiae on
the appeal herein granted and the proposed
brief is accepted as filed.
Leonard J. Levenson, et al.,
Respondents,
v.
Jonathan Lippman, &c.,et al.,
Appellants.

Motion by New York County Lawyers'
Association for leave to appear amicus
curiae on the appeal herein granted to
the extent that the proposed brief is
accepted as filed.
Chief Judge Kaye took no part.
In the Matter of Patricio
Linares,
Appellant,
v.
Glenn S. Goord, as Commissioner
of Correctional Services,
Respondent.
Motion for leave to appeal denied.
Motion for poor person relief dismissed
as academic.
Lincoln Savings Bank, FSB,
Respondent,
v.
Ralph Wynn,
Appellant,
et al.,
Defendants;
S&K Properties, LLC, et al.,
Nonparty-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.
Elizabeth Wolf Medina,
Appellant,
v.
City of New York,
Respondent.
Motion for leave to appeal denied with
one hundred dollars costs and necessary
reproduction disbursements.
In the Matter of City of New
York, et al.,
Appellants,
v.
Susan O'Connor,
Respondent,
The New York City Civil Service
Commission,
Respondent.

Motion for leave to appeal denied.
The People &c.,
Respondent,
v.
Miguel Nunez,
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 Robert Reed,
Appellant,
v.
Donald Selsky, &c.,
Respondent.
Motion for leave to appeal denied.
The People &c.,
Respondent,
v.
William Rivera,
Appellant.
---------------------------------
The People &c.,
Respondent,
v.
Charles Daniels,
Appellant.
---------------------------------
The People &c.,
Respondent,
v.
Byron Robinson,
Appellant.
Motion by New York State Association of
Criminal Defense Lawyers et al. for leave
to file a brief amici curiae on the
appeals herein granted. Twenty copies of
a brief may be filed and three copies
served within 30 days.
The People &c.,
Respondent,
v.
Milton Corona Salazar,
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.
Sea Trade Maritime Corporation,
Appellant,
v.
Hellenic Mutual War Risks
Association (Bermuda) Limited,
et al.,
Respondents.
--------------------------------
George Christy Peters,
Additional Defendant.
---------------------------------
(And a third-party 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.
The People &c.,
Respondent,
v.
Robert Shulman,
Appellant.
Motion to strike portions of appellant's
brief and to transfer the appeal to the
Appellate Division denied.
Janet Taylor,
Appellant,
v.
Bedford Check Cashing Corp.,
Respondent.
Motion for leave to appeal denied with
one hundred dollars costs and necessary
reproduction disbursements.
In the Matter of Peter S. Toth,
Appellant,
v.
Nassau County Police Department,
et al.,
Respondents.

Motion for leave to appeal denied.
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 CNA Insurance Companies for
leave to file a brief amicus curiae on
consideration of the certified question
herein granted and the proposed brief is
accepted as filed.

In the Matter of Mark Weir,
Appellant,
v.
William Bratton, &c.,
Respondent.
Motion for leave to appeal denied.