Court of Appeals Decision List
Decided February 24, 2004
Cases
John Chambers, et al., Respondents, v. Old Stone Hill Road Associates et al., Appellants.	Order affirmed, with costs. Opinion by Chief Judge Kaye. Judges Smith, Ciparick, Rosenblatt, Graffeo and Smith concur. Judge Read dissents and votes to reverse in an opinion.
Ray Evans, et al., Appellants, v. Famous Music Corporation, Respondent.	Order affirmed, with costs. Opinion by Judge George Smith. Chief Judge Kaye and Judges Ciparick, Rosenblatt and Graffeo concur. Judge Read dissents and votes to reverse in an opinion. Judge Robert Smith took no part.
The People &c., Respondent, v. Angel Mateo, Appellant.	Judgment modified by vacating defendant's sentence and remitting to County Court, Monroe County, for resentencing in accordance with the opinion herein and, as so modified, affirmed. Appeal from County Court order dated March 11, 1999 dismissed. Opinion by Chief Judge Kaye. Judges Ciparick, Graffeo, Read and Robert Smith concur. Judge George Smith dissents and votes to reverse and order a new trial in an opinion. Judge Rosenblatt dissents and votes to reverse and order a new trial in a separate opinion.
MetLife Auto & Home, &c., Appellant, v. Joe Basil Chevrolet, Inc., et al., Respondents.	Order affirmed, with costs. Opinion by Judge George Smith. Chief Judge Kaye and Judges Ciparick, Rosenblatt, Graffeo and Read concur. Judge Robert Smith took no part.
Motions
In the Matter of Solomon Abrahams, a suspended attorney. Grievance Committee for the Ninth Judicial District, Respondent, Solomon Abrahams, Appellant.	Appeal, insofar as taken from the Appellate Division order denying appellant's motion to vacate his interim suspension, 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; appeal, insofar as taken from the final Appellate Division disciplinary order, 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 constitu- tional question (CPLR 5601).
Albany-Plattsburgh United Corporation, Plaintiff, v. John L. Bell, Defendant. (Action No. 1) --------------------------------- John L. Bell, Appellant, v. David R. White et al., Respondents. (Action No. 2) (And a Related Proceeding.)	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 renew and 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.
Barklee Realty Company LLC, et al., Appellants, v. George E. Pataki, &c., 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 Steven J. Bond, Appellant, v. Village of Potsdam, Respondent.	Appeal dismissed without costs, by the Court sua sponte, upon the ground that no substantial constitutional question is directly involved.
Michael Bota, et al., Appellants, v. Municipal Civil Service Commission of City of New Rochelle, et al., Respondents.	Appeal dismissed without costs, by the Court sua sponte, upon the ground that no substantial constitutional question is directly involved.
In the Matter of Jun Cao, Appellant, v. Ping Zhao, Respondent.	Motion for leave to appeal denied.
In the Matter of Leslie Dowleyne, et al., Appellants, v. New York City Transit Authority, Respondent.	Motion for leave to appeal granted.
The People &c. ex rel. Bernabe Encarnacion, Appellant, v. Michael McGinnis, &c., Respondent.	Motion for leave to appeal denied. Motion for poor person relief dismissed as academic.
In the Matter of Thomas Fleckenstein, et al., Appellants, v. Town of Porter et al., Respondents.	Motion for leave to appeal denied.
Robert Fleming, et al., Appellants, v. Rudolph W. Giuliani, &c., et al., Respondents.	Motion for leave to appeal granted.
Jose Freemonde, Appellant, v. City of New York, et al., Respondents.	Motion for leave to appeal granted.
Sean Fullan, et al., Respondents, v. 142 East 27th Street Associates, et al., Defendants, 27 Realty, LLC, et al., Appellants.	Motion for reargument denied with one hundred dollars costs and necessary reproduction disbursements.
In the Matter of James G. (Anonymous), Appellant.	Motion for leave to appeal denied. Motion for poor person relief dismissed as academic.
Michael F. Hart, Appellant, v. Tony DiPiazza, Respondent.	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements.
Levisohn, Lerner, Berger & Langsam, Respondent, v. Steven Gottlieb, Appellant, Teevee Toons, Inc., &c., Defendant.	Motion for leave to appeal denied.
In the Matter of Carol Lyons et al., Appellants, v. James J. Whitehead, &c., Respondent.	Motion for leave to appeal denied.
M. Fortunoff of Westbury Corp., et al., Appellants, v. Town of Hempstead, et al., Respondents. --------------------------------- (And Six Additional Actions.)	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements.
John F. McDermott, &c., Appellant, v. City of Albany et al., Respondents.	Motion for leave to appeal denied.
In the Matter of Elizabeth McDevitt, Respondent, v. Ernest Stimpson, Respondent, and Kimberly Stimpson, Appellant.	Motion for leave to appeal denied.
Alice McGuire, &c., Appellant, v. Triborough Bridge and Tunnel Authority, Respondent.	Motion for leave to appeal denied.
In the Matter of Luis Morales, Appellant, v. Donald Selsky, &c., Respondent.	Motion for leave to appeal denied.
In the Matter of New York City Transit Authority, Respondent, v. Transport Workers Union of America, Local 100, AFL-CIO, et al., Appellants.	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements.
North Salem Central School District, et al., Appellants, v. Mahopac Central School District et al., Respondents.	Motion, insofar as it seeks leave to appeal as against Mahopac Central School District, denied; motion, insofar as it seeks leave to appeal as against the Town of Carmel, dismissed upon the ground that the order sought to be appealed from does not finally determine the action as to said party within the meaning of the Constitution.
In the Matter of George R. Osborne (admitted as George Richard Osborne, Jr.), an attorney and counselor-at-law. Departmental Disciplinary Committee for the First Judicial Department, Respondent, George R. Osborne, Esq., Appellant.	Motion for leave to appeal denied. Motion for a stay dismissed as academic.
In the Matter of Farhad "Frank" Popal, Appellant, v. Robert J. Hanophy, &c. et al., Respondents.	Motion for leave to appeal denied.
In the Matter of Farid "John" Popal, Appellant, v. Robert J. Hanophy, &c. et al., Respondents.	Motion for leave to appeal denied.
In the Matter of Eileen Ana R. (Anonymous). St. Christopher-Ottilie, et al., Respondents; Ina R. (Anonymous), Appellant.	Motion for leave to appeal denied. Motion for poor person relief dismissed as academic.
In the Matter of Jewel Restaneo and Blaire Restaneo, Appellants, v. Commissioner of Labor, Respondent.	Appeal dismissed without costs, by the Court sua sponte, upon the ground that no substantial constitutional question is directly involved.
The People &c. ex rel. Walter J. Roache, Appellant, v. S.A. Connell, &c., Respondent.	Motion for leave to appeal dismissed upon the ground that the motion for leave to appeal to this Court does not lie from the order of an individual Justice of the Appellate Division (see, NY Const, art VI, § 3; CPLR 5602). Motion for poor person relief dismissed as academic.
Zachary David Ruffing, &c., Plaintiff, Candace Curtis, &c. et al., Respondents, Heather Curtis, Respondent-Appellant, v. Union Carbide Corporation, et al., Defendants, International Business Machines Corporation, Appellant-Respondent.	Motion by International Business Machines Corporation for a stay granted to the extent of staying so much of the Appellate Division order as granted Candace Curtis's motion to amend the complaint. Judge Rosenblatt took no part.
Zachary David Ruffing, &c., Plaintiff, Candace Curtis, &c. et al., Respondents, Heather Curtis, Respondent-Appellant, v. Union Carbide Corporation, et al., Defendants, International Business Machines Corporation, Appellant-Respondent.	Appeal taken by Heather Curtis dismissed without costs, by the Court sua sponte, upon the ground that the order of the Appellate Division upon which jurisdiction is predicated did not grant Heather Curtis leave to appeal to this Court. Judge Rosenblatt took no part.
Melanie Snuszki, as Administrator of the Estate of Peggy Anne Bannach Wright, Deceased, &c., Respondent, v. Thomas Wright, Appellant, Eliot Spitzer, Attorney General of the State of New York, Intervenor-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.
In the Matter of Arbitration Between Raymond J. Spasiano, Respondent, -and- 1717 Capital Management Company, Appellant.	Motion for leave to appeal denied.
Cezary Tworek et al., Respondents, v. Mutual Housing Association of New York, Inc. et al., Third-Party Appellants, et al., Defendants. --------------------------------- (And Another Action.)	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements.
Valassis Communications, Inc., et al., Appellants, v. William Weimer, et al., Respondents.	Motion for leave to appeal granted.
In the Matter of City Council of the City of Watervliet et al., Appellants, v. Town Board of the Town of Colonie, Respondent.	Motion for leave to appeal granted.
The People &c. ex rel. Mark Williams, Appellant, v. Michael Allard, &c., Respondent.	Motion for leave to appeal denied.
In the Matter of Word of Life Ministries, Petitioner v. Nassau County et al., Respondents. (Proceeding No. 1) --------------------------------- In the Matter of Word of Life Ministeries, Respondent, v. Incorporated Village of Freeport, Appellant. (Proceeding No. 2)	Motion for leave to appeal granted.
The People &c., Respondent, v. Rashan Yates, Appellant.	Motion for assignment of counsel &c. granted only to the extent that Jeremy R. Feinberg, Esq., Proskauer Rose LLP, 1585 Broadway, New York, NY 10036-8299 is assigned as counsel to the appellant on the appeal herein.