Court of Appeals Decision List
Decided December 21, 2004
Cases
Timothy Cahill, Respondent, v. The Triborough Bridge and Tunnel Authority, Appellant.	Order reversed, with costs, plaintiff's motion for summary judgment denied and certified question answered in the negative. Opinion by Judge R.S. Smith. Chief Judge Kaye and Judges G.B. Smith, Ciparick, Rosenblatt, Graffeo and Read concur.
Robert Fleming, et al., Appellants, v. Rudolph W. Giuliani, &c., et al., Respondents.	Order affirmed, with costs. Opinion by Judge Graffeo. Chief Judge Kaye and Judges Smith, Ciparick, Rosenblatt, Read and Smith concur.
The People &c., Respondent, v. Donnell Hofler, Appellant.	Order affirmed. Opinion by Judge R.S. Smith. Chief Judge Kaye and Judges G.B. Smith, Ciparick, Rosenblatt, Graffeo and Read concur.
In the Matter of Madison- Oneida Board of Cooperative Educational Services, Appellant, v. Richard P. Mills, as Commissioner of Education of the State of New York, et al., Respondents.	Order affirmed, with costs. Opinion by Judge G.B. Smith. Chief Judge Kaye and Judges Ciparick, Rosenblatt, Graffeo, Read and R.S. Smith concur.
The People &c., Respondent, v. Nicholas Marquez, Appellant.	On review of submissions pursuant to section 500.4 of the Rules, order reversed and case remitted to the Appellate Division, First Department, for further proceedings in accordance with the memorandum herein. Chief Judge Kaye and Judges Smith, Ciparick, Rosenblatt, Graffeo, Read and Smith concur.
The People &c., Respondent, v. Peter Parris, Appellant.	Order affirmed. Opinion by Judge R.S. Smith. Chief Judge Kaye and Judges G.B. Smith, Ciparick, Rosenblatt, Graffeo and Read concur.
In the Matter of Paul Smith and Janet Smith, Appellants, v. Town of Mendon, Planning Board of Town of Mendon, and Richard Burgwardt, in his official capacity as Chairman of Town of Mendon Planning Board, Respondents.	Order affirmed, with costs. Opinion by Judge Rosenblatt. Chief Judge Kaye and Judges G.B. Smith and Ciparick concur. Judge Read dissents and votes to reverse in an opinion in which Judge R.S. Smith concurs. Judge Graffeo dissents and votes to reverse in a separate opinion.
Motions
In the Matter of Samuel J. Abate, Jr., et al., Respondents, v. City of Yonkers, et al., Respondents, Town of Greenburgh, Appellant. (Proceeding No. 1) --------------------------------- In the Matter of Town of Greenburgh, Appellant, v. City Council of the City of Yonkers, et al., Respondents, Village of Ardsley, Intervenor-Respondent. (Proceeding No. 2)	Motion, insofar as it seeks leave to appeal in Proceeding No. 1, dismissed upon the ground that it does not lie from the Appellate Division order dismissing the appeal to that court from the determina- tion entered on default (see, CPLR 5511); motion, insofar as it seeks leave to appeal in Proceeding No. 2, denied.
In the Matter of Rafael Almeyda, Appellant, v. New York State Division of Parole, et al., Respondents.	Motion for leave to appeal denied.
American Building Maintenance Co. of New York, Inc., Respondent, v. Solow Management Corporation, Appellant.	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements.
Cheryl Andrea, et al., Appellants, v. Arnone, Hedin, Casker, Kennedy and Drake, Architects and Landscape Architects, P.C. (Habiterra Associates), et al., Respondents, Lees Carpeting, et al., Defendants. (Action No. 1) --------------------------------- Mark Foster, et al., Appellants, v. Jamestown Public Schools, et al., Defendants, Arnone, Hedin, Casker, Kennedy and Drake, Architects and Landscape Architects, P.C. (Habiterra Associates), et al., Respondents. (Action No. 2)	Motion for leave to appeal, insofar as made by Timothy Moran, denied; motion for leave to appeal otherwise granted.
In the Matter of Eduardo Baez, Appellant, v. Brion D. Travis, as Chair of the New York State Board of Parole, Respondent.	Motion for leave to appeal denied.
Thomas R. Blinco et al., Respondents, v. Preferred Mutual Insurance Company, 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.
The People &c., Respondent, v. Jesse Boan, Appellant.	Motion for leave to appeal denied.
Bosco, Bisignano & Mascolo, Esqs., LLP, Respondent, v. Galina Aileen Turyan, Appellant.	Motion for leave to appeal denied.
Steven Boulukos, et al., Plaintiffs, v. 213 P.A.S., L.L.P., Defendant. (And A Third-Party Action). --------------------------------- 213 P.A.S., L.L.P., Second Third-Party Respondent, v. City Scaffolding Corp., Second Third-Party Appellant.	Motion, insofar as it seeks leave to appeal from the Appellate Division order, dismissed upon the ground that the order does not finally determine the action within the meaning of the Constitution; motion, insofar as it seeks leave to appeal from the subsequently entered Supreme Court judgment, dismissed upon the ground that simultaneous appeals do not lie to the Appellate Division and the Court of Appeals (see, Parker v Rogerson, 35 NY2d 751, 753 [1974]).
Kathleen Cafaro, et al., Appellants, v. Emergency Services Holding, Inc., 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.
In the Matter of Antwane Carlisle, Appellant, v. Glenn S. Goord, &c., Respondent.	Motion for reargument of motion for leave to appeal denied.
Rhonda Covington, Appellant, v. Carlton Walker, Respondent.	Motion for reargument denied.
C.S.A. Contracting Corp., Appellant, v. New York City School Construction Authority, Respondent.	Motion for leave to appeal granted.
In the Matter of Ernest Demel, Appellant, v. Northern Telecom, Inc., et al., Respondents. Workers' Compensation Board, Respondent.	Motion for reargument of motion for leave to appeal denied.
Andre Dolberry, Appellant, v. State of New York, 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.
Guilherme Dos Santos, &c., Appellant, v. STV Engineers, Inc., et al., Respondents; Ahern Painting Contractors, Inc., Third-Party and Second Third-Party Respondent.	Motion for leave to appeal denied.
Frank Fappiano 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.
In the Matter of Kevin R. Hall, an Attorney. Committee on Professional Standards, Respondent; Kevin R. Hall, Appellant.	Motion for leave to appeal denied.
Brad H., et al., Respondents, v. The City of New York, et al., Appellants. (And another action).	Motion for leave to appeal denied.
In the Matter of Corey Heath, Appellant, v. Jose Pico, et al., Respondents.	Motion for leave to appeal denied. Motion for poor person relief dismissed as academic.
Jane Hom, Respondent, v. George Hom, Appellant.	Appeal, insofar as taken from the October 15, 2002 Appellate Division order, dismissed without costs, by the Court sua sponte, upon the ground that it does not lie, appellant having previously taken an appeal to this Court (99 NY2d 569) from the same Appellate Division order from which his appeal is currently taken; appeal, insofar as taken from that portion of the December 8, 2003 Appellate Division order that affirmed the imposition of sanctions, dismissed without costs, by the Court sua sponte, upon the ground that no substantial constitutional question is directly involved; appeal, insofar as taken from the remainder of the December 8, 2003 Appellate Division order, otherwise dismissed without costs, by the Court sua sponte, upon the ground that the remaining portion of the order does not finally determine the action within the meaning of the Constitution.
Hotel des Artistes, Inc., Respondent, v. General Accident Insurance Company of America &c., 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.
The People &c., Respondent, v. Benjamin Hunter, Appellant.	Motion for assignment of counsel granted and J. Scott Porter, Esq., 78 Cayuga Street, Seneca Falls, NY 13148-1229 assigned as counsel to the appellant on the appeal herein.
Frank B. Iacovangelo, as Admin- istrator of the Estate of Goldie Gilchrist, also known as "Goldy Bond," Appellant, v. David Shepherd et al., Respondents.	Motion for leave to appeal granted.
Cynthia Johnson et al., Appellants, v. 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 Marcus Johnson, Appellant, v. William Mazzuca, &c., et al., Respondents.	Motion for reargument of motion for leave to appeal denied.
Michael F. Kallon, Appellant, v. Henry R. Lamaute, &c., et al., Defendants, Kyoung Jin Son, &c., Respondent.	Motion for leave to appeal denied. Motion for poor person relief dismissed as academic.
In the Matter of William T. McTighe, Respondent, v. Lisa Andel Pearl, Appellant. --------------------------------- In the Matter of Lisa Andel Pearl, Appellant, v. William T. McTighe, Respondent.	Appeal dismissed without costs, by the Court sua sponte, upon the ground that the order appealed from does not finally determine the proceedings within the meaning of the Constitution.
State of New York, Respondent-Appellant, v. Speonk Fuel Inc., Appellant-Respondent, et al., Defendants.	Motion for reargument denied.
North Country Insurance Company, Appellant, v. Chester Poplaski, et al., Defendants, Scottsdale Insurance Company, Respondent.	Motion for reargument of motion for leave to appeal denied.
In the Matter of Anthony O. (Anonymous). Westchester County Department of Social Services, Respondent; Lillian O. (Anonymous), Appellant. (Proceeding No. 1) --------------------------------- In the Matter of Nicholas K. (Anonymous). Westchester County Department of Social Services, Respondent; Lillian O. (Anonymous), Appellant. (Proceeding No. 2) --------------------------------- In the Matter of Tabitha K. (Anonymous). Westchester County Department of Social Services, Respondent; Lillian O. (Anonymous), Appellant. (Proceeding No. 3)	Motion for leave to appeal denied. Motion for poor person relief dismissed as academic.
Guillermo Orellano, et al., Respondents, v. 29 East 37th Street Realty Corp., et al., Respondents; Scala Construction Corp., Third-Party Appellant.	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements.
In the Matter of Peter R. and Matthew R. (Anonymous). Administration for Children's Services, Respondent; Stacey R. (Anonymous), et al., Appellants.	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 Kenneth Rodriguez, Appellant, v. Raymond Kelly, Police Commissioner of the City of New York, et al., Respondents.	Motion for leave to appeal denied.
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.	Motion for reargument denied.
In the Matter of Murray H. Shulman, Appellant, v. Thomas J. Cahill, &c., Respondent.	Motion for leave to appeal denied. Motion to enlarge the record on appeal denied. Motion for poor person relief dismissed as academic.
Shawn Stocklas, Appellant, v. Auto Solutions of Glenville, Inc. et al., Respondents. (And Another Related Action).	Motion, insofar as it seeks leave to appeal from that part of the Appellate Division order that denied appellant's motion to renew or reargue, 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.
Brenda Thurston &c., et al., Appellants, v. Newark Central School District, Respondent, et al., Defendant. --------------------------------- (And another action).	Motion for leave to appeal denied.
Wilson Vasquez, et al., Respondents, v. Skyline Construction & Restoration Corp., Appellant, et al., Defendants.	Motion for reargument of motion for leave to appeal denied.
In the Matter of Jack Vigliotti, Appellant, v. John Burge, Superintendent, Auburn Correctional Facility, et al., Respondents.	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.
In the Matter of Corine D. Wallace, Appellant, v. YWCA of Chemung County et al., Respondents. Workers' Compensation Board, Respondent. (And Another Related Claim).	Motion, insofar as it seeks leave to appeal as against the YWCA of Chemung County and CNA Insurance Company, dismissed as untimely (see, CPLR 5513[b]); motion, insofar as it seeks leave to appeal from that portion of the Appellate Division order that affirmed the denial of reconsideration, 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.
The People &c. ex rel. Joseph Watson, Appellant, v. Peter Curcio, &c., Respondent.	Motion for leave to appeal denied. Motion for poor person relief dismissed as academic.