Court of Appeals Decision List
Decided September 21, 2004
Motions
Phyllis Alto et al., Appellants, v. Gilman Management Corporation, Respondent.	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements.
In the Matter of Nicholas B. &c. Norma B., Appellant, v. Administration for Children's Services, Respondent.	Motion for leave to appeal denied. Motion for poor person relief dismissed as academic.
Bassuk Bros. Inc., Appellant, v. Utica First Insurance Company, Respondent; Legion Insurance Company, Third-Party Appellant.	Motion for leave to appeal dismissed upon the ground that the Appellate Division order, not the Supreme Court judgment entered on remand, is the final appealable paper in this action (see, CPLR 5611).
In the Matter of Blossom View Nursing Home, Appellant, v. Antonia C. Novello, M.D. &c. et al., Respondents.	Motion for leave to appeal granted.
In the Matter of Blossom View Nursing Home, Appellant, v. Antonia C. Novello, M.D. &c. et al., Respondents.	Motion by the New York State Health Facilities Association, Inc. for leave to appear amicus curiae on the motion for leave to appeal herein granted and the affirmation is accepted as filed.
In the Matter of Blossom View Nursing Home, Appellant, v. Antonia C. Novello, M.D. &c. et al., Respondents.	Motion by the New York Association of Homes and Services for the Aging 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 Loida Booth, Appellant, v. Ronald Booth, Respondent. --------------------------------- Ronald Booth, Respondent, v. Loida Booth, Appellant.	Motion for leave to appeal denied. Motion for poor person relief dismissed as academic.
The People &c. ex rel. Johnnie Bunting, Appellant, v. Michael McGinnis, &c., Respondent.	Motion for leave to appeal denied. Motion for poor person relief dismissed as academic.
In the Matter of Chesterfield Associates, Appellant, v. New York State Department of Labor, Respondent.	Motion for leave to appeal granted.
In the Matter of Crown Communica- tion New York, Inc., Respondent, v. Department of Transportation of the State of New York, Respondent, City of New Rochelle, et al., Appellants; James Cavanaugh, &c., Intervenor-Respondent. (Matter No. 1) --------------------------------- In the Matter of Crown Communica- tion New York, Inc., Respondent, v. Department of Transportation of the State of New York, Respondent, City of New Rochelle, et al., Appellants. (Matter No. 2)	Motion by New York State Conference of Mayors and Municipal Officials for leave to file a brief amicus curiae on the appeal herein granted and the proposed brief is accepted as filed.
Kurt Cuomo, et al., Appellants, v. Mahopac National Bank, Respondent.	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements.
In the Matter of Ernest Demel, Appellant, v. Northern Telecom, Inc., et al., Respondents. Workers' Compensation Board, Respondent.	Motion, insofar as it seeks leave to appeal from the Appellate Division order that denied appellant's motion for 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.
Julian Diaz, Plaintiff, v. City of New York et al., Defendants. --------------------------------- Aries Parking Lot, Third-Party Appellant, v. 2-6 Marcy Place Associates, Third-Party 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.
Vincent L. DiNatale, et al., &c., Apellants, v. State Farm Mutual Automobile Insurance Company, et al., Respondents. et al., Defendants. (Action No. 1) --------------------------------- (And three other actions).	Motion for leave to appeal denied.
In the Matter of Bernabe Encarnacion, Appellant, v. Glenn S. Goord, as Commissioner of Correctional Services, et al., Respondents.	Motion for leave to appeal denied. Motion for poor person relief dismissed as academic.
EMF General Contracting Corp., Respondent, v. Michael R. Bisbee, Appellant.	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements.
In the Matter of Francisco Felix, Respondent, v. New York City Department of Citywide Administrative Services, et al., Appellants.	Motion by District Council 37, American Federation of State, County and Municipal Employees, AFL-CIO for leave to file a brief amicus curiae on the appeal herein granted and the proposed brief is accepted as filed.
The People &c., Respondent, v. Abdel Hamilton, 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.
Clarence Harley, Appellant, v. Robert Adler, &c., et al., Respondents.	Motion for leave to appeal &c. denied.
In the Matter of Kenneth Heller, An Attorney and Counselor-At-Law. Departmental Disciplinary Committee for the First Judicial Department, Respondent; Kenneth Heller, Esq., Appellant.	Motion for leave to appeal denied. Motion for a stay dismissed as academic.
In the Matter of Adrian Hernandez, Appellant, v. Donald Selsky, &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.
HSA Residential Mortgage Services of Texas, Inc., Appellant, v. Stewart Title Guaranty Co., et al., Respondents, Calli & Calli, et al., Defendants.	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements.
In the Matter of Independent Payphone Association of New York, Inc., et al., Appellants, v. Public Service Commission of the State of New York, et al., Respondents.	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements.
The People &c. ex rel. Nathaniel Jay, Appellant, v. Sheriff Riley, &c., Respondent.	Motion for leave to appeal denied.
In the Matter of Eric Kelly, Appellant, v. Hon. J. Michael Bruhn, Judge of the Ulster County Court, et al., Respondents.	Motion for reconsideration of this Court's May 11, 2004 dismissal order denied. Motion for leave to appeal denied.
Richard Laecca et al., Appellants, v. New York University, et al., Respondents, Conan Construction, Defendant. (And A Third-Party Action).	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements.
The People &c. ex rel. Fred Mabery, Appellant, v. W. Barkley, &c. et al., Respondents.	Motion for leave to appeal denied.
In the Matter of Peter Manglaviti, et al., Appellants, v. Robert Kozakiewicz, &c., et al., Respondents.	Motion for leave to appeal denied.
Jeffrey Mars, et al., Appellants, v. Diocese of Rochester, Respondent, et al., Defendant.	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements.
Eleanor S. Martin, Plaintiff, v. Marsha Feltingoff, et al., Defendants. --------------------------------- Law Office of James J. Killerlane, Outgoing Attorney-Appellant, v. Gair, Gair, Conason, Steigman & Mackauf, Incoming Attorney-Respondent.	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements.
The People &c., Respondent, v. Michael Moolenar, Appellant.	Motion for an extension of the time within which to apply for permission to appeal pursuant to CPL 460.20 dismissed as untimely.
James Nares, Respondent, Paul Kasmin Gallery, Plaintiff, v. M & W Waterproofing, et al., Appellants.	Motion by NTJ Associates for leave to appeal from the March 9, 2004 Appellate Division order dismissed upon the ground that the order does not finally determine the action within the meaning of the Constitution (see, Whitfield v City of New York, 90 NY2d 777, 780-781). Motion by M & W Waterproofing for leave to appeal from the April 8, 2004 amended judgment of Supreme Court dismissed as untimely (see, Whitfield v City of New York, 90 NY2d 777, 781).
In the Matter of Nassau County Grand Jury Subpoena Duces Tecum Dated June 24, 2003. "Doe Law Firm," et al., Appellants; Eliot Spitzer, &c., Respondent.	Motion for leave to appeal denied as unnecessary.
New Street Ice Company, Inc. Appellant, v. New York City Department of Business Services et al., Respondents.	Motion, insofar as it seeks leave to appeal from that portion of the Appellate Division order that affirmed Supreme Court's denial of 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.
NYCTL 1997-1 Trust, et al., Respondents, v. Gerard T. Goonan, Appellant, et al., Defendant.	Motion for leave to appeal denied.
Peggy Randall, et al., Appellants, v. Montefiore Medical Center, Respondent.	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements.
Cynthia A. Rekemeyer, Appellant, v. State Farm Mutual Automobile Insurance Company, Respondent.	Motion for leave to appeal granted.
Shelley Ring et al., Appellants, v. State of New York, Respondent.	Motion for leave to appeal denied.
In the Matter of Town of Riverhead, Appellant, Edward Densieski, Petitioner, v. New York State Board of Real Property Services et al., Respondents.	Motion for leave to appeal granted.
The People &c. ex rel. James Robinson, Appellant, v. Superintendent of Clinton Correctional Facility et al., Respondents.	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.
The People &c., Respondent, v. Javier Rodriguez, Appellant.	Appeal dismissed without costs, by the Court sua sponte, upon the ground that no civil 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).
In the Matter of Sheldon S. (Anonymous), Appellant; Commissioner of New York State Office of Mental Health, et al., Respondents.	Motion for leave to appeal denied.
Janet Olivia Scantlebury, Appellant, v. New York City Health and Hospitals Corporation, Respondent.	Motion for leave to appeal granted.
Ralph H. Speken, M.D. et al., Appellants, v. Thomas R. Moore, Esq., Respondent.	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements.
John D. Tassone, Jr., Respondent, v. Mid-Valley Oil Company Inc., Appellant; North Star Video Inc., Third-Party Respondent.	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements.
Arlene Toefer, &c. et al., Appellants, v. Long Island Rail Road, Respondent; Jana Construction Co., Inc., et al., Third-Party Respondents; et al., Third-Party Defendants. --------------------------------- (And a fourth-party action.)	Motion by Defense Association of New York, 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 Jonathan A. Weinstein (admitted as Jonathan Alan Weinstein), an attorney and counselor-at-law. Departmental Disciplinary Committee for the First Judicial Department, Respondent, Jonathan A. Weinstein, Esq., Appellant.	Motion for leave to appeal denied.