Court of Appeals Decision List
Decided March 25, 2004
Cases
In the Matter of Citineighbors Coalition of Historic Carnegie Hill, &c., et al., Appellants, v. The New York City Landmarks Preservation Commission, et al., Respondents.	Appeal dismissed, with costs, in a memorandum. Chief Judge Kaye and Judges Smith, Ciparick, Rosenblatt, Graffeo, Read and Smith concur.
The People &c., Appellant, v. Walter Gonzalez, Respondent.	Order affirmed. Opinion by Chief Judge Kaye. Judges Smith, Ciparick, Rosenblatt, Graffeo, Read and Smith concur.
Ashley Harris, &c., et al., Appellants, v. Phillip Llewellyn, Defendant, City of New York, Respondent.	Order affirmed, with costs. Opinion by Judge Rosenblatt. Chief Judge Kaye and Judges Smith, Ciparick, Graffeo, Read and Smith concur.
Maria Nancy Pelaez, &c., et al., Appellants, v. Laura Seide, et al., Defendants, County of Putnam, et al., Respondents.	Order affirmed, with costs. Opinion by Judge Rosenblatt. Chief Judge Kaye and Judges Smith, Ciparick, Graffeo, Read and Smith concur.
The Vermont Teddy Bear Co., Inc., Respondent, v. 538 Madison Realty Company, Appellant.	Order reversed, with costs, and plaintiff's motion for summary judgment denied. Opinion by Judge Graffeo. Chief Judge Kaye and Judges Smith, Ciparick, Rosenblatt, Read and Smith concur.
The People &c., Respondent, v. Edward Williams, Appellant.	Order affirmed, in a memorandum. Chief Judge Kaye and Judges Smith, Ciparick, Rosenblatt, Graffeo, Read and Smith concur.
Motions
The People &c. ex rel. Rodney Alford, Appellant, v. James L. Berbary, &c., Respondent.	Motion for leave to appeal denied. Motion for poor person relief dismissed as academic.
In the Matter of Rafael Almonte, Appellant, v. New York State Division of Parole, Respondent. (Proceeding No. 1) --------------------------------- The People &c. ex rel. Rafael Almonte, Appellant, v. New York State Division of Parole, Respondent. (Proceeding No. 2)	On the Court's own motion, appeal dismissed, without costs, upon the ground that no substantial constitutional question is directly involved. Motion for poor person relief dismissed as academic.
Aspro Mechanical Contracting, Inc., et al., Respondents, v. Fleet Bank, N.A., Appellant.	Motion for reargument denied. Judge Robert Smith took no part.
Edward Baez et al., Appellants, v. Cow Bay Construction et al., Respondents.	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements.
Donald Mack Bennett, Appellant, v. State of New York, 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. Motion for poor person relief dismissed as academic. Judge Read took no part.
In the Matter of Peter A. Blake, Appellant, v. Raymond W. Kelly, &c., Respondent.	Motion for leave to appeal denied.
The Board of Education of the City of New York, Respondent, v. Cary Hershkowitz, Appellant.	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.
The People &c., Respondent, v. Francisco Carranza, Appellant.	Motion for assignment of counsel granted and Mark Diamond, Esq., Box 1895, Murray Hill Station, New York, NY 10016 assigned as counsel to the appellant on the appeal herein.
The People &c., Respondent, v. James Combest, Appellant.	Motion for assignment of counsel granted and Lynn W.L. Fahey, Esq., Appellate Advocates, 2 Rector Street, 10th Floor, New York, NY 10006 assigned as counsel to the appellant on the appeal herein.
In the Matter of Eileen Consilvio, &c., Respondent, v. Michael B. (Anonymous), &c., Appellant.	Motion for leave to appeal denied.
The People &c., Respondent, v. Charles Daniels, Appellant.	Motion for assignment of counsel granted and Laura Johnson, Esq., The Legal Aid Society, 199 Water Street, New York, NY 10038 assigned as counsel to the appellant on the appeal herein.
Enis Djurkovic, Appellant, v. Three Goodfellows, Inc., &c., Respondent, Jose Castro, Defendant.	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements.
James C. Douglas Jr., Appellant, v. Kingston Income Partners '87, et al., Respondents.	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements.
In the Matter of Winston Edwards, Appellant, v. Neponsit Health Care Center, Respondent. Workers' Compensation Board, Respondent.	Motion for leave to appeal denied. Motion for poor person relief dismissed as academic.
Perry Frankel, Respondent, v. Karyn Frankel, Defendant, Schlissel, Ostrow, Karabatos, Poepplein & Taub, PLLC, Nonparty-Appellant.	Motion by American Academy of Matrimonial Lawyers, New York Chapter for leave to appear amicus curiae on the appeal herein granted to the extent that the proposed brief is accepted as filed. Twenty copies of the brief may be filed and three copies served within 15 days.
Edwin Frederick, Respondent, v. Josef Fried, Appellant, et al., Defendant. --------------------------------- Edwin Frederick &c., et al., Respondents, v. Josef Fried, Appellant.	Motion for leave to appeal dismissed upon the ground that the order sought to be appealed from does not finally determine the actions within the meaning of the Constitution.
In the Matter of Howard Freire, Appellant, v. Glenn S. Goord, &c., et al., Respondents.	Motion for leave to appeal denied. Motion for poor person relief dismissed as academic.
In the Matter of Cornelius G., Jr. et al. Cornelius G., Appellant, Commissioner of the Administra- tion for Children's Services of the City of New York, Respondent.	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 Jeffrey G., Jr. and Melissa G. --------------------------------- Cattaraugus County Department of Social Services, Respondent; Jeffrey G., Sr., Appellant.	Motion for leave to appeal denied.
In the Matter of Douglas H., Alleged to be a Permanently Neglected Child. Ulster County Department of Social Services, Respondent; Catherine H., Appellant.	Motion for leave to appeal denied.
In the Matter of Stevon H., A Person Alleged to be a Juvenile Delinquent, Appellant.	Motion for leave to appeal denied. Motion for poor person relief dismissed as academic.
In the Matter of Donald L. Hassig, Appellant, v. Eugene L. Nicandri, as St. Lawrence County Judge, Respondent.	Motion for leave to appeal denied.
Dusan M. Jevtic et al., Appellants, v. Liberty Mutual Insurance Co., et al., Respondents.	Motion by Dusan Jevtic, insofar as it seeks leave to appeal on behalf of Ljubica Jevtic, dismissed upon the ground that Dusan Jevtic is not authorized to represent Ljubica Jevtic; motion for leave to appeal otherwise denied.
Jim Longo, Inc., Appellant, v. George Rutigliano, et al., Respondents.	Motion for leave to appeal denied.
In the Matter of Lamonte Johnson, Appellant, v. Donald Selsky, Director, &c., Respondent.	Motion for leave to appeal denied.
In the Matter of Sonya Latimore (admitted as Sonya Whitten Latimore), a suspended attorney, Appellant, Departmental Disciplinary Committee for the First Judicial Department, Respondent.	Motion, insofar as it seeks leave to appeal from that part of the Appellate Division order that denied appellant's reinstatement petition, denied; motion for leave to appeal otherwise dismissed upon the ground that the remaining part of the Appellate Division order sought to be appealed from does not finally determine the proceeding within the meaning of the Constitution.
Elvin Lebron, Appellant, v. State of New York, 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. Motion for poor person relief dismissed as academic.
Nadine Lemoine, Appellant, v. Cornell University, Respondent.	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements.
Marie Lindner, &c. et al., Appellants, v. Robert Wilkerson, et al., Respondents.	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements.
Local Government Assistance Corporation et al., Appellants-Respondents, v. Sales Tax Asset Receivable Corporation et al., Respondents-Appellants.	Motion for leave to appeal denied as unnecessary. Judge Robert Smith took no part.
Claude Pierre Lubecki, Plaintiff, Jose Vargas, &c., et al., Respondents, v. The City of New York, et al., Appellants, Police Officer "John Doe," et al., Defendants.	Motion for leave to appeal denied.
Robert V. Marvin et al., Appellants, v. Korean Air Inc., et al., Respondents, Centria Inc., Defendant.	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements.
In the Matter of Katrina Maxtone-Graham, Appellant, v. Landmarks Preservation Commission of the City of New York, et al., Respondents, The Allen-Stevenson School, Intervenor-Respondent.	Motion for leave to appeal denied.
The People &c., Respondent, v. Nicholson McCoy, Appellant.	Motion by Eliot Spitzer, Attorney General of the State of New York, for an order pursuant to Executive Law § 71 permitting movant to file a brief and participate in oral argument of the appeal, granted in each respect.
The People &c., Respondent, v. Nicholson McCoy, Appellant.	Motion by the Brennan Center for Justice at NYU School of Law, et al. for leave to file a brief amici curiae on the appeal herein granted and the proposed brief is accepted as filed.
In the Matter of Robert E. McKee et al., Appellants, v. Commissioner of Taxation and Finance et al., Respondents.	Motion for leave to appeal denied.
Michael Melnitzky, Appellant, v. Sotheby Parke Bernet, Inc., Respondent.	Motion for reargument of motion for leave to appeal denied. Judge Robert Smith took no part.
In the Matter of Thomas L. Mennella, Appellant, v. Deputy Chief Administrative Judge, New York City Courts, &c., et al., Respondents.	Motion for leave to appeal denied. Chief Judge Kaye took no part.
Rainer N. Mittl, &c., Respondent, v. New York State Division of Human Rights, &c., Respondent. --------------------------------- Mayra Rivera-Maldonado, Appellant, v. New York State Division of Human Rights, &c., et al., Respondents.	Motion for leave to appeal denied.
Leonora Natale et al., Appellants, v. Jeffrey Samel & Associates, et al., Respondents.	Motion for leave to appeal denied.
In the Matter of the New York State Urban Development Corporation, Respondent; RRNT Associates, Appellant.	Motion for leave to appeal denied.
Edward O'Neill et al., Respondents, v. Julav Realty, Ltd., Appellant.	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements.
In the Matter of Emmanuel D. Patterson, Appellant, v. James L. Berbary, &c. 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. Matthew Pridgen, a/k/a Matthew Shepard, 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. Ana Marie Santi, Appellant.	Motion for assignment of counsel granted and Lynn W.L. Fahey, Esq., Appellate Advocates, 2 Rector Street, 10th Floor, New York, NY 10006 assigned as counsel to the appellant on the appeal herein.
64th Associates, L.L.C., Appellant, v. Manhattan Eye, Ear & Throat Hospital, et al., Respondents.	Motion by Eliot Spitzer, Attorney General of the State 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.
Philip J. Simao, Appellant, v. Robert C. Smith, et al., Respondents.	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements.