Court of Appeals Decision List
Decided April 1, 2004
Cases
Karen Broadnax et al., Appellants, v. Frederick A. Gonzalez, et al., Respondents.	Order reversed, with costs, and case remitted to Supreme Court, Westchester County, for further proceedings in accordance with the opinion herein. Opinion by Judge Rosenblatt. Chief Judge Kaye and Judges Smith, Ciparick, Graffeo and Smith concur. Judge Read dissents and votes to affirm in an opinion.
Debra Ann Fahey et al., Appellants, v. Anthony C. Canino et al., Respondents.	Order reversed, with costs, and the motion of defendants Canino and Ruggiero for summary judgment denied. Opinion by Judge Rosenblatt. Chief Judge Kaye and Judges Smith, Ciparick, Graffeo and Smith concur. Judge Read dissents and votes to affirm in an opinion.
In the Matter of General Electric Capital Corporation, Appellant, v. New York State Division of Tax Appeals, Tax Appeals Tribunal, et al., Respondents.	Judgment affirmed, with costs. Opinion by Judge Graffeo. Chief Judge Kaye and Judges George Smith, Ciparick and Rosenblatt concur. Judge Robert Smith dissents and votes to reverse in an opinion. Judge Read took no part.
The People &c., Respondent, v. Eugene Hicks, Appellant.	Order affirmed, in a memorandum. Chief Judge Kaye and Judges Smith, Ciparick, Rosenblatt, Graffeo, Read and Smith concur.
In the Matter of Stanley Moore, Appellant, v. Brion D. Travis, &c., Respondent.	On review of submissions pursuant to section 500.4 of the Rules, order, insofar as appealed from, affirmed, without costs, in a memorandum. Chief Judge Kaye and Judges Smith, Ciparick, Rosenblatt, Read and Smith concur. Judge Graffeo took no part.
RJC Realty Holding Corp., d/b/a Pure Maximus Spa/Salon, Appellant, v. Republic Franklin Insurance Company, Utica National Insurance Group, Respondents, Harrison, et al., Defendants.	Order reversed, with costs, and judgment of Supreme Court, Nassau County, reinstated. Opinion by Judge Robert Smith. Chief Judge Kaye and Judges George Smith, Ciparick, Graffeo and Read concur. Judge Rosenblatt took no part.
The People &c., Respondent, v. Kenneth Smith, Appellant.	Order affirmed. Opinion by Judge Ciparick. Chief Judge Kaye and Judges Smith, Rosenblatt, Graffeo, Read and Smith concur.
Motions
In the Matter of ATM One, LLC, Appellant, v. Ana Landaverde, Respondent.	Motion for permission to allow law student to orally argue the appeal herein denied.
In the Matter of James J. Cobb, Respondent, v. Kathy Cobb, 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.
In the Matter of Committee to Stop Airport Expansion, et al., Appellants, v. Town Board of Town of East Hampton, et al., Respondents.	Motion for leave to appeal denied.
In the Matter of Richard Crane, Appellant, v. State of New York, Executive Department, Crime Victims Board, Respondent.	Motion for clarification of this Court's January 12, 2004 order denied.
Chester Davidson, Respondent, v. State of New York, Appellant.	Motion for leave to appeal denied.
Melvin Dubinsky, Appellant, v. American Arbitration Association et al., Respondents.	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements.
In the Matter of Lenny Durio, Appellant, v. New York State Division of Parole, Respondent.	Appeal dismissed without costs, by the Court sua sponte, upon the ground that no substantial constitutional question is directly involved.
In the Matter of Jose Felton, Appellant, v. Donald Selsky, Director of S.H.U., Respondent.	Appeal dismissed without costs, by the Court sua sponte, upon the ground that no substantial constitutional question is directly involved.
The People &c., Respondent, v. Curtis Gibson, 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.
Amy N. Holterman, Respondent, v. Robert K. Holterman, Appellant.	Motion by American Academy of Matrimonial Lawyers, New York Chapter for leave to appear amicus curiae on the appeal herein granted to the extent that the proposed brief is accepted as filed.
Mitsuhiro Honzawa, et al., Respondents, v. Hirokuni Honzawa, et al., Appellants, Yoshiko Honzawa, et al., Defendants.	Motion, insofar as it seeks leave to appeal from that portion of the Appellate Division order that denied appellants' motion to enlarge the record and affirmed Supreme Court's order denying appellants' motion to vacate the judgment, 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.
Han Fui Hui, &c. et al., Appellants, v. Tieh Chi Ho, et al., Defendants, East Broadway Mall, Inc., et al., Respondents.	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements.
In the Matter of Deb Ireland, a Suspended Attorney. Committee on Professional Standards, Respondent, Deb Ireland, Appellant.	Appeal dismissed without costs, by the Court sua sponte, upon the ground that the order appealed from does not finally determine the proceeding within the meaning of the Constitution.
In the Matter of Kurt J. and Another, Alleged to be Neglected Children. Chenango County Department of Social Services, Respondent; John K., 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.
In the Matter of Antonio J. --------------------------------- Erie County Department of Social Services, Respondent; Christopher F., Appellant.	Motion for leave to appeal denied. Motion for poor person relief dismissed as academic.
Mohammed Kawoya, Appellant, v. Pet Pantry Warehouse, Inc., et al., Respondents, Douglas Staley, Defendant.	Appeal dismissed without costs, by the Court sua sponte, upon the ground that the Court of Appeals does not have jurisdiction to entertain this appeal from the order of the Appellate Division where the appeal to the Appellate Division was from an order entered on an appeal from another court (see, NY Const, art VI, § 3[b][7]; CPLR 5601[a]).
In the Matter of Vladimir Keselman, Appellant, v. New York City Transit Authority, Respondent. Workers' Compensation Board, Respondent.	Motion, insofar as it seeks leave to appeal from so much of the Appellate Division order as affirmed the denial of appellant's application for full Board review, 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 Douglas Knipple, Appellant, v. Mildred Jackson, Respondent.	Appeal dismissed without costs, by the Court sua sponte, upon the ground that no substantial constitutional question is directly involved. Judge Graffeo took no part.
Martin V. Lavin, Respondent, v. Yakov Elmakiss et al., Appellants.	Motion for leave to appeal denied.
Local Government Assistance Corporation et al., Appellants-Respondents, v. Sales Tax Asset Receivable Corporation et al., Respondents-Appellants.	Motion by Bank of New York as Successor Trustee under the Local Government Assistance Corporation Bond Resolutions for leave to file a brief amicus curiae on the appeal herein granted and the proposed brief is accepted as filed. Judge Robert Smith took no part.
In the Matter of Malta Town Centre I, Ltd., Respondent, v. Town of Malta Board of Assessment Review, Appellant.	Motion for leave to appeal granted.
In the Matter of Malta Town Centre I, Ltd., Respondent, v. Town of Malta Board of Assessment Review, Appellant.	Motion by the New York State Board of Real Property Services for leave to file a brief amicus curiae on the motion for leave to appeal herein granted and the proposed brief is accepted as filed.
County of Monroe, Respondent, v. City of Rochester, et al., Appellants.	Motion for leave to appeal denied.
Antonia G. Montasano, Appellant, v. Steven A. Napoli, et al., Respondents.	Motion for reargument dismissed as untimely.
In the Matter of Stanley Moore, Appellant, v. Brion D. Travis, &c., Respondent.	Motion for assignment of counsel denied. Judge Graffeo took no part.
In the Matter of Stanley Moore, Appellant, v. Brion D. Travis, &c., Respondent.	Motion to expand record on appeal granted. Judge Graffeo took no part.
David Parsons, et al., Respondents, v. 218 E. Main St. Corp., 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 David R., A Person Alleged to be a Juvenile Delinquent, Appellant. ----------------------- Presentment Agency	Motion for leave to appeal denied. Motion for poor person relief dismissed as academic.
The People &c., Respondent, v. DaShaun Reed, 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 action (see, NY Const, art VI, § 3[b]; CPLR 5601; CPL 450.90).
In the Matter of R.M. Kliment & Frances Halsband, Architects, Respondent, v. McKinsey & Company, Inc., Appellant,	Motion for leave to appeal granted.
In the Matter of Abdullah Y. Salahuddin, Appellant, v. Brion D. Travis, Chairman, New York State Division of Parole, Respondent.	Motion for leave to appeal denied.
In the Matter of Patricia S. (Anonymous), Appellant, v. Administration for Children's Services, et al., Respondents.	Motion for leave to appeal denied.
Omar Siagha, Respondent, v. National Fire Insurance Company of Pittsburgh, PA, et al., Appellants, Salant-Jerome, Inc., &c., Defendant.	Motion for leave to appeal denied. Judge Rosenblatt took no part.
Gary P. Snyder, Appellant, v. Michael Fabrizio et al., Respondents.	Motion for leave to appeal denied.
David Tucker, Sr., &c., et al., Appellants, v. 64 West 108th St. Corp., et al., Respondents, John Doe Nos. 1 Through 5, 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.
Brian Waild, Appellant, v. John Boulos, M.D., Respondent.	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements.
Geraldine Warm, &c. et al., Plaintiffs, v. State of New York, et al., Defendants, New York State Electric & Gas Corporation, Respondent; Pirotti & Pirotti, LLP, Non-Party Appellant.	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements.