Court of Appeals Decision List
Decided June 24, 2004
Cases
In the Matter of Richard E. Cantwell, as District Attorney of Clinton County, Respondent, v. Kevin K. Ryan, as Acting Judge, County Court of Clinton County, Appellant.	On review of submissions pursuant to section 500.4 of the Rules, judgment affirmed, without costs, in a memorandum. Chief Judge Kaye and Judges Smith, Ciparick, Rosenblatt, Graffeo, Read and Smith concur.
The People &c., Respondent, v. Stephen LaValle, Appellant.	Judgment modified by vacating the sentence and remitting to Supreme Court, Suffolk County, for resentencing in accordance with CPL 470.30(5)(c) and Penal Law §§ 60.06 and 70.00 and, as so modified, affirmed. Opinion by Judge G.B. Smith. Chief Judge Kaye and Judges Ciparick and Rosenblatt concur, Judge Rosenblatt in a separate concurring opinion. Judge R.S. Smith dissents in an opinion in which Judges Graffeo and Read concur.
Ivo Stejskal, et al., Appellants, v. Albert Simons III, et al., Respondents. (and a third-party action).	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.
The People &c., Respondent, v. Rashan Yates, Appellant.	On review of submissions pursuant to section 500.4 of the Rules, order affirmed, in a memorandum. Judges Smith, Ciparick, Rosenblatt, Graffeo, Read and Smith concur. Chief Judge Kaye took no part.
Motions
In the Matter of Solomon Abrahams, a suspended attorney. Grievance Committee for the Ninth Judicial District, Respondent, Solomon Abrahams, Appellant.	Motion for leave to appeal denied.
The People &c., Respondent, v. Derek Andrades, Appellant.	Motion for assignment of counsel granted and Robert S. Dean, Esq., Center for Appellate Litigation, 74 Trinity Place, 11th Floor, New York, NY 10006 assigned as counsel to the appellant on the appeal herein.
Ardmar Realty Company, Appellant, v. Building Inspector of the Village of Tuckahoe, et al., Respondents.	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements.
In the Matter of Toshubin B. a/k/a Shubin B., A Person Alleged to be a Juvenile Delinquent, Appellant.	Motion for leave to appeal denied.
In the Matter of Edward Bianchi, et al., Appellants, v. New York State Division of Housing and Community Renewal, Respondent, Mayfair York, LLC, et al., Intervenors-Respondents.	Motion for leave to appeal denied.
In the Matter of Anthony Bonacci, Appellant, v. Glenn S. Goord, Commissioner, &c. et al., Respondents.	Motion for leave to appeal dismissed as untimely (see, CPLR 5513[b]). Motion for poor person relief dismissed as academic.
In the Matter of Anthony Bonacci, Appellant, v. Brion D. Travis, &c. et al., Respondents.	Motion for leave to appeal denied. Motion for poor person relief dismissed as academic.
Culinary Connection Holdings, Inc., &c., Appellant, et al., Plaintiff, v. Culinary Connection of Great Neck, Inc., &c., et al., Respondents, et al., Defendant.	Motion for leave to appeal denied.
Culinary Connection Holdings, Inc., &c., Respondent, et al., Plaintiff, v. Culinary Connection of Great Neck, Inc., &c., et al., Appellants, et al., Defendant.	Motion for leave to appeal denied.
In the Matter of Norman D. (Anonymous), Appellant, Commissioner of the New York State Office of Mental Health, Respondent.	Motion by Donald A. Williams, District Attorney, Ulster County, for leave to file a brief amicus curiae on the appeal herein granted and the proposed brief is accepted as filed.
Jason J. Dunn, Plaintiff, v. Paul C. Hurtt, et al., Defendants, Marita Car Rental, Inc., &c., et al., Respondents, Moore & Munger, Inc., Appellant. (Action No. 1) --------------------------------- (And another action.)	Motion for leave to appeal denied.
Ramon Fresco, et al., Respondents, v. 157 East 72nd Street Condominium, Defendants; DNA Construction Corp., &c., Third-Party Appellant- Respondent, v. Lumar Restoration Corp., Third-Party Respondent- Appellant. (And Another Third-Party Action).	Motions 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 (see, Whitfield v City of New York, 90 NY2d 777).
In the Matter of Sinclair Haberman, Appellant, v. City of Long Beach, et al., Respondents.	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements.
The People &c., Respondent, v. Thomas Hanley, Appellant.	Motion for assignment of counsel denied without prejudice to renewal of the motion upon submissions by the appellant showing assets or income available to him.
In the Matter of Richard H., Appellant, v. Eileen Consilvio, &c., et al., Respondents.	Motion for leave to appeal denied.
The People &c., Respondent, v. T.J. Charles Hardy, Appellant.	Motion for assignment of counsel granted and Robert C. Mitchell, Esq., Legal Aid Society of Suffolk County, Inc., Arthur M. Cromarty Court Complex, 300 Center Drive, P.O. Box 1697, Riverhead, NY 11901-0960 assigned as counsel to the appellant on the appeal herein.
Adrienne Hart, Appellant, v. City of New York, Defendant, Big Apple Testing, Inc., et al., Respondents.	Motion for leave to appeal denied.
Ira Davenport Memorial Hospital, Appellant, v. Joseph Ha, M.D., Respondent.	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements.
Ping Lee, Appellant, et al., Plaintiffs, v. Eagle Street Associates, Inc., et al., Respondents.	Motion for leave to appeal denied.
Robert Jay Ludwig, Respondent, v. Chautauqua Shores Improvement Association, Inc., et al., Appellants.	Motion for leave to appeal denied.
In the Matter of the Arbitration Between Manlius Police Benevolent Association on Behalf of Gary Dunham, Appellant, -and- Town of Manlius, Respondent.	Motion for leave to appeal denied.
The People &c., Respondent, v. Rafael Martinez, Appellant.	Motion for an extension of the time within which to apply for permission to appeal pursuant to CPL 460.20 granted and motion papers treated as a timely CPL 460.20 application.
Sharwline Nicholson, &c. et al., Respondents, v. Nicholas Scoppetta, &c., et al., Appellants. Nat Williams, et al., Defendants.	Motion by The Center for Family Representation, Inc. to join as amicus curiae in the proposed brief submitted by New York Legal Assistance Group, et al. granted.
Sharwline Nicholson, &c. et al., Respondents, v. Nicholas Scoppetta, &c., et al., Appellants. Nat Williams, et al., Defendants.	Motion by New York Legal Assistance Group, et al. for leave to file a brief amici curiae on consideration of certified question herein granted to the extent that the proposed brief is accepted as filed. Two additional copies of the brief may be served within 10 days.
Sharwline Nicholson, &c. et al., Respondents, v. Nicholas Scoppetta, &c., et al., Appellants. Nat Williams, et al., Defendants.	Motion by Wilbur McReynolds for leave to appear amicus curiae on consideration of certified question herein granted to the extent that the proposed brief is accepted as filed. Two additional copies of the brief may be served within 10 days.
Sharwline Nicholson, &c. et al., Respondents, v. Nicholas Scoppetta, &c., et al., Appellants. Nat Williams, et al., Defendants.	Motion by Ohio Domestic Violence Network, et al. for leave to appear amici curiae on consideration of certified question herein granted to the extent that the proposed brief is accepted as filed. Two additional copies of the brief may be served within 10 days.
The People &c., Respondent, v. Wayne Peterkin, Appellant.	Motion for leave to appeal denied.
George R. Polgano, Appellant, v. The New York City Educational Construction Fund, Defendant, Highbridge House, Inc., et al., Respondents.	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements.
Christopher M. Preston, as Administrator of the Estate of Judith M. Wellin, Deceased, Appellant, v. State of New York, Respondent.	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements.
PricewaterhouseCoopers, Inc., &c., Appellant, v. Sonwil Distribution Center, Inc., Respondent.	Motion for leave to appeal denied.
In the Matter of Joseph Ramaglia et al., Appellants, v. New York State Department of Transportation et al., Respondents.	Motion for leave to appeal denied.
Rondout Electric, Inc., Appellant, v. Monroe-Woodbury Central School District, Respondent.	Motion for leave to appeal denied.
Edward J. Ryan, Respondent, v. Alex R. Sobolevsky, Respondent, Towhee Cab Corp., et al., Defendants, Key Bank USA, 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. Emanuel Santana, Appellant.	Motion for an extension of the time within which to apply for permission to appeal pursuant to CPL 460.20 granted and motion papers treated as a timely CPL 460.20 application.
The People &c., Respondent, v. Robert Shulman, Appellant.	Motion by Association of the Bar of the City of New York for leave to appear amicus curiae on the appeal herein granted to the extent that the proposed brief is accepted as filed.
Ray Smith, Jr., et al., Respondents, v. John Girolamo, Appellant, Susan S. Ford, et al., Defendants.	Motion to dismiss appeal granted and appeal dismissed, with four hundred dollars costs and one hundred dollars costs of motion, upon the ground that no substantial constitutional question is directly involved.
Judith L. Starr, Individually and as Parent and Guardian of Tiffany R. Starr, &c. et al., Appellants, v. County of Cortland, Respondent.	Motion for leave to appeal denied.
The People &c., Respondent, v. Tyrone Stokes, Appellant.	Motion for leave to appeal denied. Motion for poor person relief dismissed as academic.
In the Matter of Helena W. (Anonymous). Administration for Children's Services, Respondent; Avis W. (Anonymous), Appellant. (Proceeding No. 1) --------------------------------- In the Matter of Prince W. (Anonymous). Administration for Children's Services, Respondent; Avis W. (Anonymous), Appellant. (Proceeding No. 2) --------------------------------- In the Matter of Regene W. (Anonymous). Administration for Children's Services, Respondent; Avis W. (Anonymous), Appellant. (Proceeding No. 3)	Motion for leave to appeal dismissed upon the ground that the order sought to be appealed from does not finally determine the proceedings within the meaning of the Constitution. Motion for poor person relief dismissed as academic.
In the Matter of City Council of the City of Watervliet et al., Appellants, v. Town Board of the Town of Colonie, Respondent.	Motion by New York State Department of Environmental Conservation for leave to file a brief amicus curiae on the appeal herein granted. Twenty copies of the brief may be filed and three copies served within 20 days.