Court of Appeals Decision List
Decided October 19, 2004
Cases
Blue Cross and Blue Shield of New Jersey, Inc., &c. et al., Respondents, v. Philip Morris USA Incorporated, et al., Appellants, B.A.T. Industries P.L.C., et al., Defendants.	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 affirma- tive and certified question no. 2 not answered upon the ground that it has been rendered academic. Opinion by Judge Ciparick. Chief Judge Kaye and Judges Smith, Rosenblatt, Graffeo, Read and Smith concur.
In the Matter of Norman D. (Anonymous), Appellant, Commissioner of the New York State Office of Mental Health, Respondent.	Order affirmed, without costs. Opinion by Chief Judge Kaye. Judges Smith, Ciparick, Rosenblatt, Graffeo, Read and Smith concur.
The People &c., Respondent, v. Michael Henriquez, Appellant.	Order affirmed. Opinion by Judge Graffeo. Chief Judge Kaye and Judges Ciparick, Rosenblatt, Read and R.S. Smith concur. Judge G.B. Smith dissents and votes to reverse and order a new trial in an opinion.
State of New York, Respondent-Appellant, v. Speonk Fuel Inc., Appellant-Respondent, et al., Defendants.	Order affirmed, without costs, in a memorandum. Chief Judge Kaye and Judges G.B. Smith, Ciparick, Rosenblatt, Graffeo and Read concur. Judge R.S. Smith dissents in an opinion.
The People &c., Respondent, v. Kenneth H. Payne, Appellant.	Order reversed and indictment dismissed. Opinion by Judge Rosenblatt. Chief Judge Kaye and Judges G.B. Smith, Ciparick and R.S. Smith concur, Judge R.S. Smith in a separate concurring opinion. Judge Read dissents in an opinion in which Judge Graffeo concurs.
Motions
In the Matter of Jason A. (Anonymous), Appellant.	Motion for leave to appeal denied. Motion for poor person relief dismissed as academic.
In the Matter of the Acquisition of Real Property by the City of Albany. City of Albany, Respondent; Elda C. Abate, Appellant, et al., Respondents.	Motion for leave to appeal denied.
James F. Allen, et al. &c., Respondents, v. Town of Amherst, Appellant, et al., Defendant.	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements.
Michelle Anderson, Appellant, v. House of Good Samaritan Hospital, et al., Defendants, David T. Gavan, M.D., Respondent.	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements.
In the Matter of City of Buffalo, Appellant, v. Buffalo Police Benevolent Association, Inc., Respondent.	Motion for leave to appeal denied.
In the Matter of Ralph Cerciello, Appellant, v. Raymond Kelly, as Police Commissioner of the City of New York, &c., Respondent.	Motion for leave to appeal denied.
In the Matter of Harry A. Conners, Appellant. Commissioner of Labor, Respondent.	Motion for leave to appeal denied.
In the Matter of Daily News, L.P., et al., Respondents, v. City of New York Office of Payroll Administration, Appellant.	Motion for leave to appeal denied.
In the Matter of Derek A. Deal, Appellant, v. Glenn S. Goord, as Commissioner of Correctional Services, 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 Victor DeVillar, Appellant, v. Glenn S. Goord, &c., Respondent.	Motion for leave to appeal denied. Motion for poor person relief dismissed as academic.
In the Matter of Frederick Diaz, Appellant, v. Glenn S. Goord, Commissioner, New York State Department of Correctional Services, Respondent.	Motion for leave to appeal denied.
James Eckel, Appellant, v. James D. Francis II, et al., Respondents, et al., Defendants.	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements.
Paulette Ferdinand, Appellant, v. Crecca & Blair et al., Respondents.	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements.
In the Matter of Daniel T. Fronczak, Appellant, v. Commissioner of Labor, Respondent.	Motion to vacate this Court's August 9, 2004 dismissal order denied.
Nelsa Garner, &c., et al., Appellants, v. City of New York, et al., Respondents, et al., Defendants.	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements.
Dale Grant, Appellant, v. Robert A. Bedell, City of Utica, 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 Shondel Jackson, Respondent, v. Mark DeSouza, 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.
Deborah A. Kaczmarski et al., Appellants, v. Loubert S. Suddaby, M.D., et al., Defendants, Independent Health Association, Intervenor-Respondent.	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.
Liberty Group Holdings, Inc., et al., Appellants, v. The City of New York, et al., Respondents.	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements.
In the Matter of Patrick Mathieu, Appellant, v. Michael T. Giambruno, &c., et al., Respondents.	Motion for leave to appeal denied. Motion for poor person relief dismissed as academic.
In the Matter of Michael McCloud, Appellant, v. Gary Amell, &c., Respondent.	Motion for leave to appeal denied.
In the Matter of Peter Morris, Appellant, v. John J. Signorelli et al., Respondents.	Motion for leave to appeal denied.
In the Matter of Briding Newell, Appellant. County of Nassau, Respondent. Commissioner of Labor, Respondent.	Motion for leave to appeal denied.
Mary Christine O'Connor, Appellant, v. Church of St. Ignatius Loyola, et al., Respondents.	Motion for leave to appeal denied.
In the Matter of Robert K. O'Connor, Deceased. --------------------------------- Harry W. O'Connor, Appellant-Respondent, v. Catherine McClain O'Connor, Respondent-Appellant, The Estate of L. Maxwell Banks, Jr., Respondent, Paul J. Sellin, Trustee.	Motions for leave to appeal denied.
Ronald Omiatek et al., Plaintiffs, v. Marine Midland Bank, N.A. Appellant, and HealthNow NY, Inc., Intervenor-Respondent.	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.
Deborah Pignataro, Respondent, v. Anthony S. Pignataro, 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. Motion for poor person relief dismissed as academic.
In the Matter of Nicolette R., A Person Alleged to be A Juvenile Delinquent, Appellant.	Motion for leave to appeal denied.
Matthew Saulpaugh, an Infant by Christina M. Saulpaugh, His Parent, Appellant, Burton O. Krafte et al., Respondents, et al., Defendants.	Motion for leave to appeal denied.
Tappan Wire & Cable, Inc., Respondent, v. County of Rockland et al., Appellants, 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.
Lillie Taylor, Appellant, v. New York City Transit Authority, Respondent.	Motion for leave to appeal denied.