Court of Appeals Decision List
Decided October 21, 2004
Cases
Tanya Bonnette, &c., Appellant, v. Long Island College Hospital, et al., Respondents, et al., Defendants.	Order affirmed, with costs, and certified question answered in the affirmative. Opinion by Judge Rosenblatt. Chief Judge Kaye and Judges Smith, Ciparick, Graffeo, Read and Smith concur.
The People &c., Respondent, v. Francisco Carranza, Appellant.	Order affirmed, in a memorandum. Chief Judge Kaye and Judges Smith, Ciparick, Rosenblatt, Graffeo, Read and Smith concur.
The People &c., Respondent, v. Peter Corines, Appellant.	Order affirmed. Opinion by Judge Ciparick. Chief Judge Kaye and Judges Smith, Rosenblatt, Graffeo, Read and Smith concur.
Mary Miceli, Respondent, v. State Farm Mutual Automobile Insurance Company, Appellant.	Order reversed, with costs, and plaintiff's motion for summary judgment denied, in a memorandum. Chief Judge Kaye and Judges Ciparick, Rosenblatt, Graffeo, Read and R.S. Smith concur. Judge G.B. Smith concurs on constraint of Brill v City of New York (2 NY3d 648).
The People &c., Respondent, v. Ana Marie Santi, Appellant.	Order affirmed. Opinion by Judge Ciparick. Chief Judge Kaye and Judges Smith, Rosenblatt, Graffeo, Read and Smith concur.
Randy J. Schaal, as Trustee &c. on behalf of Nancy Montero and Richard Montero, Jr., Appellant, v. City of Utica, et al., Respondents, et al., Defendant.	On review of submissions pursuant to section 500.4 of the Rules, order affirmed, with costs, in a memorandum. Chief Judge Kaye and Judges Smith, Ciparick, Rosenblatt, Graffeo, Read and Smith concur.
Motions
In the Matter of Yvonne Adamson Appellant, v. Marshal, City of New York, et al., Respondents.	On the Court's own motion, appeal dismissed, without costs, upon the ground that the order appealed from does not finally determine the proceeding within the meaning of the Constitution. 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. Motion for poor person relief dismissed as academic.
The Argo Corporation, et al., Appellants, v. Greater New York Mutual Insurance Company, Respondent.	Motion by Catholic Health Services of Long Island for leave to file a brief amicus curiae on the appeal herein granted and the proposed brief is accepted as filed.
Cheikh Barry et al., Appellants, v. Long Island University et al., Respondents, et al., Defendant.	Motion for leave to appeal denied.
In the Matter of Joseph Brenner, Appellant, v. Kenneth A. Davis, &c., Respondent.	Motion, insofar as it seeks leave to appeal from the Appellate Division order dismissing the petition, denied; motion, insofar as it seeks leave to appeal from the Appellate Division order denying reargument or, in the alternative, 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.
The People &c., Respondent, v. Richard Champion, Appellant.	On the Court's own motion, appeal dismissed, without costs, upon the ground that no appeal lies as of right from the order of the Appellate Division entered in this criminal proceeding (see, NY Const, art VI, § 3[b]; CPLR 5601; CPL 450.90). Motion for poor person relief dismissed as academic.
J. Gerald Combs et al., Respondents, v. Marc Lewis et al., Appellants.	Motion for leave to appeal denied.
Quintin Xavier Drakeford, Appellant, v. The City of New York, &c., 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.
In the Matter of Richard Graham, Appellant, v. Melvin Hollins, Superintendent, Oneida Correctional Facility, et al., Respondents.	On the Court's own motion, appeal dismissed, without costs, upon the ground that the order appealed from does not finally determine the proceeding within the meaning of the Constitution. Motion for poor person relief dismissed as academic.
Paul Harris, Appellant, v. Theodore Wilson, et al., Respondents.	Motion, insofar as it seeks leave to appeal from that part of the Appellate Division order that dismissed the appeal from that portion of Supreme Court's order that denied appellant's CPLR 3102(a) motion, denied; motion for leave to appeal otherwise dismissed upon the ground that the remaining portion of the Appellate Division order does not finally determine an action or proceeding within the meaning of the Constitution. Motion for poor person relief dismissed as academic.
The People &c. ex rel. Tyrone L. Jackson, Appellant, v. Warden, Bernard B. Kerik, &c., Respondent. --------------------------------- The People &c. ex rel. Tyrone L. Jackson, Appellant, v. Warden, Mark Farsi, &c., Respondent. --------------------------------- (And Another Proceeding).	Motion, insofar as it seeks leave to appeal from so much of the Appellate Division order as denied appellant's motion to substitute different assigned counsel, dismissed upon the ground that such portion of the order does not finally determine the proceedings within the meaning of the Constitution; motion for leave to appeal otherwise denied. Motion for poor person relief dismissed as academic.
In the Matter of John K., Appellant, v. Eileen Consilvio, Director, Kirby Forensic Psychiatric Center, Respondent,	Appeal dismissed without costs, by the Court sua sponte, upon the ground that no substantial constitutional question is directly involved.
George Kralik, et al., Appellants, v. 239 East 79th Street Owners Corp., Respondent.	Motion for leave to appeal granted.
Leonid Levit, &c., Appellant, v. Allstate Insurance Company, et al., Respondents. (And A Third-Party Action).	Motion, insofar as it seeks leave to appeal as against the Sweetbaum defend- ants, dismissed upon the ground that as to those parties, the order sought to be appealed from does not finally determine the action within the meaning of the Constitution; motion for leave to appeal otherwise denied. Judge Rosenblatt took no part.
Kenneth J. Ligreci, Appellant, v. Teresa Ligreci, also known as Teresa Doldo, Respondent.	Motion, insofar as it seeks leave to appeal from that portion of the Appellate Division order that affirmed that portion of Supreme Court's order that denied appellant's motion to vacate or modify 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. Motion for poor person relief dismissed as academic.
In the Matter of Edmund J. McCormick, Deceased. Suzanne V. McCormick, Appellant, v. Bankers Trust Company, et al. Respondents.	On the Court's own motion, appeal dismissed, without costs, upon the ground that it does not lie, appellant previously having appealed to this Court from the Appellate Division orders from which she now has taken an appeal (appeal dismissed, __ NY3d __). Motion for leave to appeal dismissed upon the ground that the orders sought to be appealed from do not finally determine the proceeding within the meaning of the Constitution.
Michael Melnitzky, &c., Appellant, v. The City of New York, et al., Respondents, Alfredo Palacios, et al., Defendants.	Motion for reargument of motion for leave to appeal denied.
The People &c. ex rel. Richard F. Mills, Appellant, v. Gary Maha, Sheriff, Genesee County, Respondent.	Motion for leave to appeal dismissed upon the ground that it does not lie from the order of an individual Justice of the Appellate Division (see, NY Const, art VI, § 3; CPLR 5602).
In the Matter of Newsday, Inc., Respondent, v. State Department of Transporta- tion, Appellant.	Motion for leave to appeal granted.
Raymond Corporation et al., Respondents, v. National Union Fire Insurance Company of Pittsburgh, PA, Appellant.	Motion for leave to appeal granted.
The People &c., Respondent, v. Byron Robinson, Appellant.	Motion for assignment of counsel granted and David C. Schopp, Esq., The Legal Aid Bureau of Buffalo, Inc., 237 Main Street, Suite 1602, Buffalo, New York 14203-2723 assigned as counsel to the appellant on the appeal herein.
In the Matter of Richard Robles, Appellant, v. Brion D. Travis, Chairman, &c., Respondent.	Motion for leave to appeal denied. Motion for poor person relief dismissed as academic.
Victor Santos, Appellant, v. Jean Woodcock, Respondent.	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements.
In the Matter of Wanda Shambo, Respondent, v. Orkin Pest Control, et al., Appellants. Workers' Compensation Board, Respondent.	Motion, insofar as it seeks leave to appeal from the Appellate Division order denying reargument or, alternatively, 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 denied.
Shelby Casualty Insurance Company, Respondent, v. Elizabeth Compono, Defendant, Erika Liles, Appellant.	Motion for leave to appeal denied.
In the Matter of Edward Sills, Appellant, v. Bernard Kerik, &c., et al., Respondents.	Motion for leave to appeal denied.
Anthony D. Stevenson, Appellant, v. State of New York, Respondent.	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 Louis Tatta, Appellant, v. Brion Travis, &c., Respondent.	Motion for leave to appeal denied.
Andrew T. Watt, Jr., Individually &c., et al., Appellants, v. Thomas Richardson, &c., et al., Respondents.	Motion, insofar as it seeks leave to appeal from the Appellate Division order declaring the rights of the parties, denied; motion, insofar as it seeks leave to appeal from the Appellate Division order denying leave to appeal to this Court, dismissed upon the ground that such order does not finally determine the action within the meaning of the Constitution.