Court of Appeals Decision List
Decided July 1, 2004
Cases
Anthony Abbatiello, Jr., et al., Appellants, v. Lancaster Studio Associates &c., et al., Respondents, v. Paragon Cable Manhattan, Inc., et al., Third-Party Respondents.	Order affirmed, with costs. Opinion by Judge Ciparick. Chief Judge Kaye and Judges Smith, Rosenblatt, Graffeo, Read and Smith concur.
American Transit Insurance Company, Appellant, v. Anthony Sartor, Respondent, Utica Taxi Center, Inc., et al., Defendants.	Order reversed, with costs, and order of Supreme Court, New York County, reinstated. Opinion by Judge Graffeo. Chief Judge Kaye and Judges Smith, Ciparick, Rosenblatt, Read and Smith concur.
In the Matter of Charlene Polan, Appellant, v. State of New York Insurance Department, Respondent.	Order affirmed, with costs. Opinion by Judge Read. Chief Judge Kaye and Judges Smith, Ciparick, Rosenblatt, Graffeo and Smith concur.
In the Matter of Sherman F. Taub, et al., Appellants, v. Hon. Herbert I. Altman, &c., et al., Respondents.	Judgment reversed, without costs, petition granted and respondents prohibited from continuing with the prosecution of counts 26 through 30 of the subject New York County indictment. Opinion by Chief Judge Kaye. Judges Smith, Ciparick, Rosenblatt and Smith concur. Judge Read dissents and votes to affirm in an opinion in which Judge Graffeo concurs.
John N. Zegarelli et al., Respondents, v. Gregory D. Hughes, Appellant.	Order reversed, with costs, and a new trial ordered. 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 Annette B. (Anonymous). Orange County Department of Social Services, Respondent; Joseph B. (Anonymous), Appellant.	Motion, insofar as it seeks leave to appeal from the Appellate Division order denying appellant's motion for leave to appeal to this Court, dismissed upon the ground that such order does not finally determine the proceeding within the meaning of the Constitution; motion for leave to appeal otherwise granted.
The People &c., Respondent, v. Ernest Boyd, Appellant.	Motion for leave to appeal dismissed upon the ground that this Court does not have jurisdiction to entertain this motion for leave to appeal from the order of County Court entered in this proceeding commenced in City Court (see, NY Const, art VI, § 3[b]; CPLR 5602).
In the Matter of Lawrence R. Castellano, Appellant, v. Juliane Castellano Ross, Respondent.	Motion, insofar as it seeks leave to appeal from the Appellate Division order that affirmed the denial of the motion for leave to reargue, dismissed upon the ground that such order does not finally determine the proceeding within the meaning of the Constitution; motion for leave to appeal otherwise denied.
Chase Manhattan Mortgage Corp., Respondent, v. Charles Cobbs, 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.
Anthony DeRosa, Appellant, v. J.P. Morgan Chase, &c., et al., Respondents, Savannah Owners Corp., Defendant.	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 absent the direct involvement of a substantial constitutional question (CPLR 5601).
In the Matter of Irene Fleischer, Respondent, v. McKenica Corporation et al., Appellants. Workers' Compensation Board, Respondent.	Motion for reargument of motion for leave to appeal denied.
In the Matter of Peter G. (Anonymous) and Others, Children Under the Age of Eighteen, &c. Angela G. (Anonymous), et al., Respondents. Administration for Children's Services, Appellant.	Appeal dismissed without costs, by the Court sua sponte, upon the ground that the two-justice dissent is not on a question of law (CPLR 5601[a]).
In the Matter of Brigitte Grisanti, Petitioner, v. Michael Grisanti, Respondent. --------------------------------- Naomi R. Duker, Nonparty-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.
Barbara Jiggetts, et al., Appellants, v. Michael Dowling, &c., et al., Respondents.	Motion for leave to appeal denied. Judge G.B. Smith took no part.
Melissa Dickinson Kamens, et al., Appellants-Respondents, v. Utica Mutual Insurance Company Respondent, and Violetta Q. Dickinson, Respondent-Appellant. (Appeal No. 1) --------------------------------- Melissa Dickinson Kamens, et al., Appellants-Respondents, v. Utica Mutual Insurance Company, Respondent, and Violetta Q. Dickinson, et al., &c., Respondents-Appellants. (Appeal No. 2)	On the Court's own motion, cross appeals by Violetta Dickinson, in her individual and representative capacities, dismissed, each without costs, upon the ground that the two-justice dissents at the Appellate Division are not in favor of the cross appellants (see, CPLR 5601[a]). Utica Mutual Insurance Company's motion for a stay granted.
In the Matter of Dale K., II. --------------------------------- Oswego County Department of Social Services, Respondent; Laurie K., Appellant. --------------------------------- In the Matter of Eric K. --------------------------------- Oswego County Department of Social Services, Respondent; Laurie K., Appellant.	Motion for leave to appeal denied.
Ludl Electronic Products, Ltd., &c., Appellant, v. Wells Fargo Financial Leasing, Inc., Respondent.	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements.
In the Matter of James M. Mannix, Jr., &c., Respondent, v. Ann Murphy, Appellant.	Motion for leave to appeal denied.
Robert V. Marvin et al., Appellants, v. Korean Air Inc., et al., Respondents, Centria Inc., Defendant.	Motion for reargument granted and, upon reargument, motion for leave to appeal granted.
In the Matter of Susan McCartney, &c., et al., Appellants, v. Dormitory Authority of State of New York, et al., Respondents.	Motion for leave to appeal denied.
In the Matter of Susan McCartney, &c., et al., Appellants, v. Dormitory Authority of State of New York, et al., Respondents.	Motion by Preservation League of New York State, Inc. for leave to appear amicus curiae on the motion for leave to appeal herein granted and the brief is accepted as filed.
In the Matter of Edmund J. McCormick, Deceased. Suzanne V. McCormick, Appellant, v. Bankers Trust Company, et al. Respondents.	Appeal dismissed without costs, by the Court sua sponte, upon the ground that the orders appealed from do not finally determine the proceeding within the meaning of the Constitution.
In the Matter of Rupert Moore, Appellant, v. Commissioner of Taxation and Finance, et al., Respondents.	Motion for leave to appeal denied.
In the Matter of The New York Times Company, et al., Appellants, v. City of New York Fire Department, Respondent, Catherine T. Regenhard, et al., Intervenors-Appellants.	Motions for leave to appeal granted.
In the Matter of The New York Times Company, et al., Respondents, v. City of New York Fire Department, Appellant, Catherine T. Regenhard, et al., Intervenors-Respondents.	Motion for leave to appeal granted.
In the Matter of Newsday, Inc., Appellant, v. Robert D. Morgenthau, &c., Respondent.	Appeal dismissed without costs, by the Court sua sponte, in a memorandum. Chief Judge Kaye and Judges Smith, Ciparick, Rosenblatt, Graffeo, Read and Smith concur.
Carol A. Niznik, Appellant, v. Eric Knight, &c., et al., Respondents.	Appeal dismissed without costs, by the Court sua sponte, upon the ground that no appeal lies as of right from the unanimous order of the Appellate Division absent the direct involvement of a substantial constitutional question (CPLR 5601).
In the Matter of Sharon D. Rothfuss, Respondent, v. Samuel A. Thomas, Appellant.	Motion for leave to appeal denied.
Norman Seabrook, &c., et al., Appellants, v. Bernard C. Kerik, &c., et al., Respondents.	Motion for leave to appeal denied.
In the Matter of Leopold Siao-Pao, Appellant, v. Brion D. Travis, &c., Respondent.	Motion for leave to appeal denied.
In the Matter of Daggana Sillah, et al., Respondents, v. Shahid Tanvir, 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 Stafkings Healthcare Systems, Inc., Appellant, v. Commissioner of Health of State of New York, Respondent.	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements.
Matter of City of Syracuse Industrial Development Agency, Appellant, relative to acquiring title to real property in the City of Syracuse for a project known as Carousel Landing. ------------------------------- ExxonMobil Oil Corporation, Respondent.	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.
Jennele Thompson et al., Appellants, v. Jehoshua Katz et al., Respondents.	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements.
Time Warner City Cable, Respondent, v. Tri State Auto, Inc., Appellant, Triboro Auto Auction, Inc., et al., Defendants.	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.
The People &c., Respondent, v. Rene Valencia, Appellant.	Motion to enlarge the record on appeal denied. Motion for an extension of time to file respondent's brief granted and respondent directed to file its brief within 30 days of the disposition of this motion.
Thomas Veale, Appellant, v. Barry S. Thornton, 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.
Andrew Warlikowski, Appellant, v. Burger King Corporation, et al., Defendants, Frymaster, LLC, Respondent.	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements.