Court of Appeals Decision List
Decided February 19, 2004
Cases
Allstate Insurance Company, as Subrogee of Amy M. Walker, Appellant, v. Daniel J. Stein, Respondent. --------------------------------- (and two other actions.)	Order affirmed, with costs. Opinion by Judge Robert Smith. Chief Judge Kaye and Judges George Smith, Ciparick, Rosenblatt, Graffeo and Read concur.
Banco Popular North America, Respondent, v. Victory Taxi Management, Inc., Defendant, Jafa Albaz, Appellant.	Order affirmed, with costs. Opinion by Judge Graffeo. Chief Judge Kaye and Judges George Smith, Ciparick, Rosenblatt and Read concur. Judge Robert Smith took no part.
In the Matter of Alijah C., et al., Alleged to be Abused and/or Neglected Children. Chemung County Department of Social Services, Respondent; Anita C., Respondent. Andrew M. Rothstein, as Law Guardian, Appellant.	Order reversed, without costs, and respondent mother's motion to dismiss the abuse petition as that petition relates to her deceased child denied. Opinion by Judge Ciparick. Chief Judge Kaye and Judges George Smith, Rosenblatt, Graffeo and Read concur. Judge Robert Smith took no part.
In the Matter of Legion of Christ, Incorporated, Appellant, v. Town of Mount Pleasant, &c., et al., Respondents.	Order reversed, with costs, and case remitted to the Appellate Division, Second Department, for further proceedings in accordance with the opinion herein. Opinion by Judge Ciparick. Chief Judge Kaye and Judges George Smith, Rosenblatt, Graffeo and Read concur. Judge Robert Smith dissents in part in an opinion.
Donna McGrath, et al., Respondents, v. Toys "R" Us, Inc., Appellant.	Certification of questions by the United States Court of Appeals for the Second Circuit, pursuant to section 500.17 of this Court's Rules of Practice, accepted and the issues presented are to be considered after briefing and argument. Chief Judge Kaye and Judges Smith, Ciparick, Rosenblatt, Graffeo, Read and Smith concur.
The People &c., Respondent, v. Byron Shelton, Appellant.	On review of submissions pursuant to section 500.4 of the Rules, order affirmed, in a memorandum. Chief Judge Kaye and Judges Smith, Ciparick, Rosenblatt, Graffeo, Read and Smith concur.
Motions
AD 1619 LLC, Appellant, v. Colony Records and Radio Center, Inc., Respondent.	Motion for leave to appeal denied.
Blue Cross and Blue Shield of New Jersey, Inc., &c. et al., Plaintiffs-Respondents, v. Philip Morris USA Incorporated, et al., Defendants-Appellants, B.A.T. Industries P.L.C., et al., Defendants.	Motion by Product Liability Advisory Council, Inc. for leave to appear amicus curiae on consideration of certified question herein granted to the extent that the proposed brief is accepted as filed. Twenty copies of the brief may be filed within ten days.
In the Matter of Benjamin J. Bramble, Appellant, v. New York State Board of Parole, Respondent.	On the Court's own motion, appeal dismissed, without costs, upon the ground that no substantial constitutional question is directly involved. Motion for leave to appeal denied. Motion for poor person relief dismissed as academic.
Byron Brown, &c., Plaintiff, v. Manhattan and Bronx Surface Transit Operating Authority, et al., Defendants. ------------------- William Pagan, Esq., Non-Party Appellant.	Motion for leave to appeal denied.
In the Matter of Citineighbors Coalition of Historic Carnegie Hill, &c., et al., Appellants, v. The New York City Landmarks Preservation Commission, et al., Respondents.	Motion by Preservation League of New York State, et al. for leave to file a brief amici curiae on the appeal herein granted and the proposed brief is accepted as filed.
In the Matter of Citineighbors Coalition of Historic Carnegie Hill, &c., et al., Appellants, v. The New York City Landmarks Preservation Commission, et al., Respondents.	Motion by Carnegie Hill Neighbors, Inc. 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 Congregation Gates of Prayer of Far Rockaway, Inc., &c., Appellant, v. City of New York, et al., Respondents.	Motion, insofar as it seeks leave to appeal from that part of the Appellate Division order that affirmed that part of Supreme Court's order that denied appellant's motion for leave to renew, 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 Dyandria D., A Child Under the Age of Eighteen Years, &c. Dyandria M., Appellant; Gerard M., Respondent, Administration for Children's Services, 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.
Julia Davis, Appellant, v. HSS Properties Corporation, Respondent, KZ 72nd et al., Defendants.	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements.
The People &c., Respondent, v. Simeon Duggins, Appellant.	Motion for assignment of counsel granted and Lynn W.L. Fahey, Esq., Appellate Advocates, 2 Rector Street, 10th Floor, New York, NY 10006 assigned as counsel to the appellant on the appeal herein.
In the Matter of Daniel P. Foster, a Disbarred Attorney, &c., 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.
Anthony Galano, Jr., &c., et al., Appellants, v. Roslyn Savings Bank, et al., Respondents.	Motion for leave to appeal denied.
Genevit Creations, Inc. et al., Appellants, v. Gueits Adams & Company, et al., Respondents.	Motion, insofar as it seeks leave to appeal from that portion of the Appellate Division order that affirmed Supreme Court's order granting respondents' motion to quash the subpoena duces tecum, dismissed upon the ground that such portion of the order does not finally determine the action within the meaning of the Constitution; motion for leave to appeal otherwise denied.
In the Matter of Construction and Reformation of the Last Will and Testament of Lillian R. Gould, Deceased. --------------------------------- Roger A. Levin, Appellant, v. Rhoda Forman, Respondent.	Motion for leave to appeal denied.
Mark Graves, Respondent, v. Craig Trudell and Kevin Scott Mumper, &c., 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.
The People &c. ex rel. Douglas Harris, Appellant, v. Michael Parrott, &c., Respondent.	Motion for leave to appeal denied.
Jani-Care, Inc., Appellant, v. Corning Incorporated, Respondent.	Motion, insofar as it seeks leave to appeal from that part of the Appellate Division order that affirmed that portion of Supreme Court's order that denied appellant's motion to amend the complaint, dismissed upon the ground that such portion of the order does not finally determine the action within the meaning of the Constitution; motion for leave to appeal otherwise denied.
In the Matter of Korean Joong Bu Presbyterian Church of New York, &c., Appellant, v. Incorporated Village of Old Westbury, et al., Respondents.	Motion for leave to appeal granted.
Paul A. Krohn, Appellant-Respondent, Alli Katt, Plaintiff, v. New York City Police Department and Anthony DiPalma, Respondents-Appellants.	Motion by New York State Conference of Mayors and Municipal Officials et al. for leave to file a brief amici curiae on the appeal herein granted and the proposed brief is accepted as filed. Ten additional copies of the brief may be filed within ten days.
Bernard Levinson et al., Appellants, v. Kenneth S. Etra, &c., et al., Respondents, et al., Defendants.	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements.
Michael Omair et al., Appellants, v. Bilgeo Realty Corp., Respondent.	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements.
The People &c., Respondent, v. Rene Resek, 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 John Rosato, Respondent, v. Thunderbird Construction Company et al., Appellants, et al., Respondents.	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements.
In the Matter of William Schafer et al., Appellants, v. Edward Reilly, &c., et al., Respondents.	Motion for leave to appeal granted.
Christine Sherman, Respondent, v. Charles Sherman, Appellant.	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements.
In the Matter of Honorable Joseph J. Cerbone, Justice of the Mount Kisco Town Court, Westchester County, Petitioner, For Review of a Determination of State Commission on Judicial Conduct, Respondent.	Motion by Thomas J. Singleton, Esq. for leave to appear amicus curiae on the request for review herein denied.
Uri Tornheim, Appellant, v. Doreen Tornheim, Respondent.	On the Court's own motion, appeal taken from the order of the Appellate Division dismissing appellant's appeal to that court from an order of Supreme Court granting a motion to vacate a confession of judgment entered against appellant dismissed, without costs, upon the ground that appellant is not a party aggrieved (see, CPLR 5511). Motion, insofar as it seeks leave to appeal from that portion of a separate Appellate Division order that affirmed so much of Supreme Court's order and judgment as denied appellant's motion to vacate a portion of the judgment of divorce, 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 leave to appeal from the remainder of that Appellate Division order denied.
Uri Tornheim, Respondent, v. Doreen Tornheim, Respondent, Ernest H. Hammer, &c., Nonparty-Appellant.	Appeal by Ernest Hammer dismissed without costs, by the Court sua sponte, upon the ground that the order appealed from does not finally determine an action or proceeding within the meaning of the Constitution.
Charles A. Weber, &c., Appellant, v. Suffolk County Division of Real Estate, et al., Respondents.	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements.
Susan M. Weichert, Appellant, v. James Delia et al., Respondents.	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements.